International Journal of Public Law and Policy (28 papers in press)

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  Evaluating the governance of public services in urban construction: insights from Hanois experience ( Free Full-text Access )

  by Thi Hong Viet Bui, Thuý Nguyen Thị Lệ, Viet Hoang Dinh, Nhu Dung Co, Nguyet Minh Nguyen 
  Abstract: This paper evaluates citizens satisfaction with public administrative services in the construction sector in Hanoi, Vietnam. The authors investigate the primary factors influencing satisfaction levels by conducting survey questionnaires (N = 362) and utilising the SERVQUAL-based approach. The findings indicate that citizen satisfaction is substantially determined by the quality of staff services (= 0.139, p < 0.1), fees, procedures, and information (= 0.296, p < 0.01), while facilities are not a determining factor (= 0.0474, p > 0.1). Personal and social characteristics, including marital status, educational background, type of procedure, level of comprehension, and experience, also influence satisfaction. These results offer a glimpse into the areas in which local governments must improve in order to improve the efficiency of urban management and the satisfaction of citizens. They also propose potential policy directions that could be applied to cities with comparable contexts.
  Keywords: citizen satisfaction; public services; urban construction; policy; Vietnam.
  
  
• Impact of issues related to technology on labour law and the negotiating algorithm  
  by P. Satheesh, P.R.L. Rajavenkatesan 
  Abstract: Artificial intelligence (AI) and automation technologies, including blockchain, internet of things (IoT), and conversational user interfaces, have significantly influenced the culture, relationships, and business procedures of the 21st century, prompting a meticulous reevaluation of conventional norms. While machines have supplanted human roles in various fields since the Industrial Revolution, contemporary AI advancements present a potential to not only revolutionise employment but also curtail economic growth and impart extensive societal impacts. This study principally contends that the advent and utilisation of digital technologies have indistinctly metamorphosed the essence of work and employment. AI also affects labour law, giving lawmakers a new perspective. If robots without legal personalities can do human duties, employers can fire them. The key question is whether organisations can operate efficiently with fewer workers. Despite the importance of employees, layoffs may occur. Given this, policymakers may consider reducing redundancy, giving robots a legal personality, or regulating their workplace use. This study examines how the public views AI and its workplace effects, examining the relationship between AI and labour regulations. This topic became important after substantial research on legal personality in labour regulation.
  Keywords: artificial intelligence; digital technology; the Industrial Revolution; legal legislation; machine learning; personality; negotiating algorithm; labour law.
  DOI: 10.1504/IJPLAP.2024.10063012
   
  
• Examining the position of organic laws within the Constitutional Bloc: an analysis of constitutional court decisions in France and Iraq  
  by Ahmed Oudah Al-Dulaimi, Jacob Deem, Léa Boinnard 
  Abstract: This paper examines the position of organic laws within the Constitutional Bloc, based on the influence of constitutional court decisions in France and Iraq. Through analysing the constitutional court decisions, this article seeks to provide to provide a deeper understanding of the importance and status of organic laws within the constitutional system. The importance of this study is highlighted by the controversial argument emerging from the extent to which organic laws are considered one of the components of the Constitutional Bloc and thus give it a constitutional value. Based on a case study approach, this paper focused on the constitutional court decisions to reach the result that a kind of hierarchy can be found between the constitutional rules, and organic laws are one of these rules. Such hierarchy can assist the constitutional judges to examine the position of the organic law within the Constitutional Bloc.
  Keywords: organic law; Constitutional Bloc; constitutional court; constitutional value.
  DOI: 10.1504/IJPLAP.2024.10063038
   
  
• Criminalisation of marital rape in India: a medico-legal analysis  
  by S. M. Aamir Ali, Anuttama Ghose 
  Abstract: Marital rape is described as undesired intercourse between a man and his wife acquired by force, coercion, threats of force, physical assault, or when she is incompetent to consent. Marriages with marital rape have considerably more significant rates of sexual aggression, marital discomfort and reduced marital quality and satisfaction. Many marital rape victims are either incapable or scared to oppose their spouses’ sexual violence. Victims of marital rape have post-traumatic stress disorder, anxiety, depression, gynaecologic disorder, and terrible physical health impacts. Thus, this paper investigates the laws governing rape in India, with a focus on the status of marital rape, the acknowledgement of marital rape as a crime and an analysis of the perspective of society and judiciary toward marital rape while highlighting the medical consequences faced by the survivors of the marital rape.
  Keywords: criminalisation; gynaecologic disorder; health; marital rape; sexual violence; post-traumatic stress disorder; PTSD; India.
  DOI: 10.1504/IJPLAP.2025.10065642
   
  
• Public policy and society, the case of changing smoking behaviour in the USA  
  by Rania Marwan, Tarek El Badawy, W. Rhea Ingram, David Ang 
  Abstract: This paper focuses on analysing the gradual change in smoking behaviour that took place overtime in the US from a public policy theoretical lens, by focusing on three critical events at the national and regional levels. Two events occurred at the national level that shaped the change; the release of the Surgeon General’s Report in 1964 and the Tobacco Master Settlement Agreement in 1998. At the regional level, the paper focuses on the post-settlement allocation of funds, specifically in the State of Alabama, and how it affected behavioural smoking changes. Four policy theories are examined: Downs’ issue attention cycle, Kingdon’s multiple streams framework, punctuated equilibrium, and social construction theory. The paper concludes that the interdisciplinary nature of public policy allows it to explain in depth how smoking behaviour changed over time through tackling different interdisciplinary angles, including the role of policy tools, media, research, advocacy, marketing, and policy entrepreneurs.
  Keywords: Downs’ issue attention cycle; multiple streams framework; MSF; punctuated equilibrium; social construction theory; tobacco Master Settlement Agreement; MSA; policy tools; policy entrepreneurs.
  DOI: 10.1504/IJPLAP.2024.10063424
   
  
• Formulating the regulatory framework for the pre-market approval of novel food in Malaysia  
  by Nor Akhmal Hasmin, Sayidah Asma Basir, Anida Mahmood, Juan Matmin, Vita Cita Emia Tarigan 
  Abstract: Novel foods and novel food ingredients are being introduced in the market to strengthen global food security. However, most of the novel foods lack a history of safe use, due to the novel characteristics and lack of consumptions. Despite the safety concerns, novel foods in Malaysia are not subject to pre-market approval, hence, exposing consumers to potential adverse effects on safety and health. Through a doctrinal analysis, this study critically analyses the pre-market approval for novel food requirements and procedures adopted by the food safety authority in the European Union, Australia New Zealand, and the People’s Republic of China. It is to identify the key elements that must be embodied in the legislative framework for pre-market approval of novel food in Malaysia. This study finally suggests some regulatory recommendations on pre-market approval for novel food in Malaysia to strengthen the food safety and food security provisions in Malaysia.
  Keywords: food security; food safety; novel foods; pre-market approval; regulatory framework; Malaysia.
  DOI: 10.1504/IJPLAP.2024.10063553
   
  
• Necessary public policies required for accumulation of human capital among informal worker households of India  
  by Amit Kundu, Rajyasri Roy 
  Abstract: Over decades, the Indian labour force has been dominated by informal workers. Investment in human capital is considered a luxury commodity for households depending on different types of informal work for their livelihood. This paper based on NSSOs 68th round survey has identified a few public policies like expansion of Jana Dhan Yojana, offering fuel and electricity at subsidised rates, efficient distribution of nutritious food through the public distribution system, offering cycles to the students to reduce their private transport costs, are very much effective public policies to encourage the present informal workers to invest in human capital accumulation for their next generation, i.e., those public policies should not be considered as implemented only for popular politically gain. Awareness programs like the importance of investment in human capital for their children should also be arranged for those parents.
  Keywords: informal worker; accumulation of human capital; Heckman’s two-step treatment effect model; public policies; India.
  DOI: 10.1504/IJPLAP.2024.10063573
   
  
• Case brief generation and verdict prediction using natural language processing and machine learning  
  by Christopher A. Moturi, Sharon A. Obanda 
  Abstract: The paper’s objective was to demonstrate the potential of natural language processing and machine learning in solving the challenges faced by the Kenyan judicial system, particularly the increasing complexity and the large backlog of cases. To achieve this, the research utilised NLP and AI algorithms to automatically generate case briefs with relevant precedent cases and predict the likely outcome of the verdict. Selected lawyers provided expert labelling of downloaded cases and sample legal case briefs. The labelled data was then used to train the model. The resulting toolkit was capable of generating case briefs and predicting verdicts with impressive levels of accuracy, 88% for case briefs and 83.7% for verdict predictions. The findings of the research demonstrate that NLP and ML is a valuable solution that can enhance human abilities by automating case brief generation and verdict prediction and potentially. This will contribute to more efficient service delivery.
  Keywords: Kenya judiciary; case briefs; verdict prediction; legal case prediction; natural language processing; NLP; machine learning.
  DOI: 10.1504/IJPLAP.2024.10063689
   
  
• Taxing crypto earnings under Indian jurisdiction: a detailed study  
  by D. Kiruthika, Kesavamoorthy Renganathan 
  Abstract: The most talked-about subjects have been cryptocurrencies in general and Bitcoin in particular. Cryptocurrencies are thought of as a subset of virtual currencies that are used for peer-to-peer transaction payments. There are differences in how different nations around the world treat cryptocurrencies. The currency’s legal status is unknown, despite the fact that it is growing in popularity in society and among business communities. In India, there is no regulation that governs cryptocurrencies as of January 2024. Meanwhile in the Budget Session, 2022 the government has brought in the tax regulation of cryptocurrencies. In light of this, the paper would critically analyse on the existing tax treatment of cryptocurrencies in India and further the study is aimed to throw light on some reflections comparatively to trace the tax treatment of cryptocurrencies in other global jurisdictions so as to analyse the pros and cons of present taxability of cryptocurrencies in India.
  Keywords: cryptocurrencies; Bitcoin; tax treatment; India; legal status; global jurisdictions; Income Tax Act; goods and services tax; GST; virtual digital asset; VDA; tax deducted at sources; TDS.
  DOI: 10.1504/IJPLAP.2024.10063690
   
  
• Crafting tax incentives for economic development: insights and recommendation  
  by Ifeanyichukwu Azuka Aniyie 
  Abstract: This paper utilised of a mix of systematic textual analysis to gain understanding, develop knowledge regarding the nature and corollaries of tax incentives. Its main finding is that despite the duality that is tax incentives and the existence of advisories against their utilisation as policy instrument by states, they have become prominent tools for public policy design and implementation as well as feature during micro or firm level decision making. Based on this, the paper argues that with the use of strategically crafted tax policies that balance the contrasting side of tax incentives, economic development can be fostered by their existence. To this end, it offers insights and practical recommendations for the utilisation of tax incentives by states.
  Keywords: revenue; tax incentives; fiscal policy design; tax optimisation.
  DOI: 10.1504/IJPLAP.2024.10063691
   
  
• Clarification of legal solutions to prevent organisational bullying in Iranian organisations  
  by Zahra Nikkhah-Farkhani, Mohammad Bagher Moghaddasi 
  Abstract: This research delves into organisational bullying in the Iranian governments executive bodies, underlining its significant impact on employees mental well-being and overall organisational health. It emphasises the economic and psychological implications for employees, stressing the importance of a comprehensive understanding and effective interventions to tackle this prevalent workplace issue. The study employs qualitative research by analysing 1459 legal articles related to employee behaviour, revealing a diverse legal landscape covering forms of bullying like verbal abuse, physical harm, and threats. Legal provisions identified align with an organisational bullying questionnaire, emphasising the need for tailored strategies to address this critical issue effectively. The findings underscore the importance of robust legislation in combating organisational bullying, highlighting its role in improving the work environment and reducing adverse effects on employee health. It offers valuable insights for organisations and policymakers, stressing the need for legal frameworks to prevent organisational bullying, an essential aspect of workplaces.
  Keywords: organisational bullying; legal frameworks; workplace environment; employee well-being.
  DOI: 10.1504/IJPLAP.2024.10063879
   
  
• Understanding the effects of the Jal Jeevan Mission on livelihoods and quality of life in Surat City, Western India: a PLS-SEM-based study  
  by Gopal Goswami, Himanshu Bagdi, Latika Sharma 
  Abstract: The study aims to assess the impact of the Jal Jeevan Mission in the urban setting of Surat City, Gujarat. The Jal Jeevan Mission (JJM) is a significant endeavour to ensure equitable availability of potable and uncontaminated water, potentially bringing about substantial societal changes and enhancing quality of life. The study provides a comprehensive knowledge of the impact of the mission by examining improvements in water accessibility, public health outcomes, behavioural changes, and socio-economic factors. This study uses quantitative research methods to investigate the impact of the JJM on the general welfare and standard of living of Surat’s citizens. The data was collected from 399 respondents using a self-administered questionnaire from the residents of Surat City. To the best of the author’s understanding, the study with constructs like livelihood, well-being, infrastructure and services’ impact on people’s livelihood concerning Pradhan Mantri Jal Jeevan Mission is novel in the context of India.
  Keywords: Jal Jeevan Mission; JJM; water resource management; sustainable development; rural development; water conservation; water quality improvement.
  DOI: 10.1504/IJPLAP.2024.10064003
   
  
• Forests in flux: a critical examination of the historical evolution of forest laws and policies in British and post-British India  
  by Taniya Malik 
  Abstract: This article critically analyses the evolution of forest laws and policies in India, from the colonial era to the present day, to identify historical gaps and errors that have resulted in the degradation of Indian forests. The author seeks to identify the drivers of change in the state’s approach towards forest governance, the factors impeding effective forest conservation, and analyse the socio-economic impacts of different instruments on the forest-dwelling and forest-dependent communities. This study also seeks to answer research questions related to the key drivers behind the adoption and evolution of forest laws and policies, the influence of British colonial policies and laws on post-independence forest laws and policies, the impact of forest laws and policies on the rights and livelihoods of forest-dependent and forest-dwelling communities, and the evolution of forest laws and policies to address emerging challenges such as climate change, biodiversity loss, and ecosystem degradation. The study utilises doctrinal research methodology, incorporating historical, analytical, and critical legal research tools. Through the findings of this research, the author aims to guide the development of more effective forest policies in India in the future.
  Keywords: forest laws and policies; forest governance; forest conservation; rights of forest-dwelling communities; forest-people interface; India.
  DOI: 10.1504/IJPLAP.2024.10064062
   
  
• Comparison of provisions on detention for children in international law and Vietnamese law from Ho Chi Minh City practice and some recommendations  
  by Thuyen Duy Trinh, Anh Thi Nguyen 
  Abstract: The alignment between investigation durations and detention measures is a central theme in the Criminal Procedure Code 2015, particularly concerning individuals under the age of 18. The current Code presents inconsistencies, with detention periods for under-18s restricted to two-thirds of the adult duration but a lack of equivalent adjustments in investigation timeframes. This paper underscores the necessity for congruent durations to ensure legal coherence and safeguard the rights of this younger age group. Drawing on the principles of the Convention on the Rights of the Child, it advocates for harmonised durations to reduce potential rights violations and emphasises the need for subsequent research to assess the practicalities of such changes. The ultimate objective is to promote an efficient legal framework centred on the best interests and rights of the child.
  Keywords: detention; children’s rights; CRC; juveniles.
  DOI: 10.1504/IJPLAP.2024.10064111
   
  
• Bridging legal frameworks: assessing the potential impact of Nigeria's ratification of the United Nations Convention on the International Effects of Judicial Sales of Ships on Nigerian Maritime Law  
  by Damilola I. Osinuga 
  Abstract: This article investigates the potential implications of the United Nations Convention on the International Effects of Judicial Sales of Ships (the Beijing Convention) and its recognition for Nigerian jurisprudence. The Convention, which was finalised by the United Nations Commission on International Trade Law and other international organisations, was signed on September 5, 2023, in Beijing, China. This convention aims to establish a comprehensive framework for recognising and enforcing foreign judicial sales of ships. This article explores the alignment of Nigerias existing legal framework for judicial sales with the Beijing Convention and assesses the necessity of domesticating the Beijing Convention within the Nigerian legal system. Through an analysis of relevant Nigerian legislation and scholarly discourse, this study evaluates the potential benefits, challenges, and opportunities arising from the Beijing Convention on Nigerian jurisprudence. The findings aim to contribute to the ongoing discussions on harmonising international maritime law as well as provide valuable insights for policymakers and scholars interested in the intersection of maritime law and cross-border judicial sales.
  Keywords: judicial sale; enforcement; recognition; ships; Nigeria; Maritime Law; Beijing Convention.
  DOI: 10.1504/IJPLAP.2024.10066532
   
  
• Broadening judicial protection against failures to act? - Recent Hungarian developments  
  by István Hoffman, Krisztina F. Rozsnyai 
  Abstract: The paper analyses some layers of failures to act in public administration, both in individual administrative cases and in the field of providing public services. After analysing the theoretical background of the legal regulation and major European approaches, it is clear that failures to act in individual administrative cases can be handled by solutions within public law. For failures within the provision of public services, however, there are different solutions, as these services have a strong link to human rights as well as personality and privacy rights, so even judicial protection through private law can apply. Based on the new system of legal protection setup some years ago in Hungary, the paper investigates whether the new Hungarian regulation is in line with European principles and patterns. It will show that court procedures cannot replace internal-administrative remedies and a web of remedies offers the most effective protection against failures.
  Keywords: administrative silence; educational segregation; failure to act; procedural errors; public service provision; secondary protection; Hungary.
  DOI: 10.1504/IJPLAP.2024.10066623
   
  
• The use and misuse of Strasbourg case-law by a constitutional court: the case of Kosovo  
  by Enver Hasani, Perparim Gruda 
  Abstract: The Kosovo Constitution requires that its human rights provisions be interpreted consistent with the decisions of the European Court of Human Rights. But an unprecedented reliance on ECtHR case-law has led to deni de justice in four randomly selected rulings of the nations constitutional court. The Court classified the decisions as reopening proceedings cases, then wrongly stated that Article 6 ECHR does not apply to such cases. Through a comparative approach, this article argues that the Kosovar court used Strasbourg case-law in an arbitrary and inappropriate manner. The national court placed itself in the shoes of the Strasbourg tribunal and cited rulings for what they do not say. The Kosovar adjudicator abstained from its constitutional jurisdiction, effectively calling non liquet and denying justice to the aggrieved.
  Keywords: constitutional court; reopening proceedings; precedent; case-law; Strasbourg Court; European Court of Human Rights; ECtHR; European Convention on Human Rights; ECHR; Constitution of Kosovo; non liquet; déni de justice; petitum; human rights; fundamental freedoms; Kosovo.
  DOI: 10.1504/IJPLAP.2024.10066625
   
  
• Consumer law and asymmetric information: a brief revision from the Peruvian and Ecuadorian experiences  
  by Ruben Mendez-Reategui, Dayana Madrid Villacís, Edison Tabra Ochoa, Gonzalo Lascano Baez 
  Abstract: The article aims to identify the theoretical justifications that inspire the right to consumer information protection in Ecuador and Peru. From the methodological point of view, the article proposes a theoretical-conceptual study of the principle of consumer information from a legal and economic perspective. The article is divided into three sections: First, it develops the definitions of consumer information and the guidelines on informational asymmetries and other relevant related aspects. The second part presents an analysis of the problems associated with the use and availability of information, which is essential for the understanding of its application in the legal sphere, understood as the protection of the right of access and consumer protection. The third part refers to the notion of trust in information as a fundamental element for the legal understanding of consumer relations in the market and the behavioural incentives that become manifest on it.
  Keywords: consumer law; asymmetric information; public policy; consumer protection and rights; market process.
  DOI: 10.1504/IJPLAP.2024.10066863
   
  
• Illusory ownership in the metaverse: the impact of platform contractual provisions on user rights  
  by Alessandro Stasi, Weng Chiang David Tan 
  Abstract: This article explores the concept of digital ownership in the metaverse, focusing on how contractual provisions in platform agreements create an illusory sense of ownership for users. By examining leading metaverse platforms like Decentraland, Illuvium, and The Sandbox, the study reveals that while non-fungible tokens (NFTs) provide transaction records, actual control over digital assets remains with the platform. This contractual control enables platforms to limit user access, modify services, and exclude liability, often contradicting consumer protection laws such as the UK Consumer Rights Act 2015 and the EU Unfair Terms Directive. The article suggests that such practices raise significant legal and ethical concerns, advocating for revised regulatory frameworks and equitable contractual terms to safeguard user rights in virtual environments. This study contributes to ongoing discussions about digital ownership, emphasising the need for transparency, fairness, and enforceable user rights in the evolving metaverse.
  Keywords: digital ownership; metaverse platforms; non-fungible tokens; NFTs; consumer protection laws; digital assets.
  DOI: 10.1504/IJPLAP.2024.10068173
   
  
• Sentencing for multiple counts: a data analysis perspective of the applied Lebanese law  
  by Mageda A. Sharafeddin, Zeinab Mouzaihem, Ahmad El Hajj 
  Abstract: We examine Article 205 of the Lebanese penal code which gives convicts the right to ask for the most severe penalty instead of consecutive penalties in the event of multiple offences given that no final verdict has been issued for any of the offences. We make the following contributions in this paper: 1) model multi-offender versus judge/legislator interactions as a non-zero-sum game; 2) provide statistical description of offences; 3) propose an alternative utility in the proposed model; 4) show the Nash equilibrium which is one in which offenders are taking advantage of bulk discount to commit more crimes before a verdict is issued; 5) shed light on the interpretation of this model by interviewing 13 judges. The median number of crimes committed by an offender is 4 and the median number of days between rulings is 61. We outline a framework to strengthen the effectiveness of the legal system.
  Keywords: Article 205 of Lebanese Penal Code; multiple counts; descriptive statistics; game theory; bulk discount; concurrent sentences.
  DOI: 10.1504/IJPLAP.2024.10068370
   
  
• Understanding the role of forensic expert testimony in new criminal laws to increase conviction rate in the Indian criminal justice system  
  by Drishti Saraf, Vipin Vijay Nair 
  Abstract: The newly introduced Indian criminal law also intends to imperatively incorporate the use of forensic science in the criminal investigation system to aid and assist the investigating officers in evidence collection, thus allowing them to present a strong case against the accused. Though the use of forensic science would ease and fasten the investigation process but considering the limited evidentiary value of forensic evidence in the criminal justice system today, the proposed law might not be able to help the legislature achieve its ultimate objective of increasing the conviction rate. This paper aims to navigate through various cases and judgements and showcase the status that forensic evidence holds in the present criminal justice system to understand the relationship shared between forensic evidence and conviction rate as well as highlight the potential modifications that can be introduced to increase the admissibility value of expert witness testimony in the court of law.
  Keywords: Bharatiya Sakshya Adhiniyam; conviction rate; evidentiary value; forensic expert; expert witness testimony; Indian criminal justice system; India.
  DOI: 10.1504/IJPLAP.2024.10068573
   
  
• The practice of Bakupiara or living together outside marriage related to the enforcement of Minahasa customary law today  
  by Jemmy Sondakh 
  Abstract: Bakupiara, or cohabitation outside legal marriage, has been practiced in Minahasa for generations, particularly among the lower middle class in coastal areas. Despite efforts to eradicate it through Christian influence and legal marriage registration, Bakupiara persists. This practice results in children born outside of wedlock, unrecognised by positive law. The study examines local government policies in managing Bakupiara through a normative legal approach, focusing on Minahasa Regency and Manado City. Findings reveal two types of Bakupiara: overt, tolerated by customary law, and clandestine, which is not. Children from these unions face inheritance disputes due to differing legal statuses. Local governments address Bakupiara through direct supervision in boarding houses and mass marriage programs. Ultimately, Bakupiara has legal consequences, affecting the recognition of marriage by both religion and state, as well as the status of children born from such unions.
  Keywords: Bakupiara; local government policy; Minahasa customary law.
  DOI: 10.1504/IJPLAP.2025.10070210
   
  
• Immunity for a healthy democracy: the critical role of parliamentary immunity  
  by Naira Hovhannisyan, Artak Ghazaryan 
  Abstract: The immunity of a deputy is an important guarantee of the realisation of the personalized and impersonal political will of the people. The article highlights the relationship between the institution of parliamentary immunity and the realisation of the political will of the people. The article also considers the institution of parliamentary immunity as an important guarantee that prevents the transition from the immanent feature of democracy “the rule of the majority” to the anti-democratic “tyranny of the majority”. This article discusses the importance of the institution of a deputy, some solutions are proposed aimed at making the process of depriving a deputy of immunity more focal. The article proposes to remove the process of depriving the immunity of the deputy from the logic of the issue solved by the political decision of the majority, proposing certain objective criteria for depriving the immunity of the deputy.
  Keywords: inviolability; democracy; majority rule; tyranny of majority; depersonalised political will; personalised political will.
  DOI: 10.1504/IJPLAP.2025.10069822
   
  
• Electronic arbitration as a mechanism for settling e-commerce disputes: insights and perspectives according to Oman Vision 2040  
  by Jumaa Saho, Tareck Al Samara 
  Abstract: Within the framework of Oman Vision 2040 and the national programs that emerged from it especially the National Investment Program Nazdahir and the government digital transformation program; it is clear that the adoption of electronic arbitration has become an essential factor in attracting foreign investments to the Sultanate of Oman. However, it is still necessary to complete the legislative measures taken that will consolidate this vision and achieve the goals and objectives set for it. Electronic arbitration provides a suitable legal environment for electronic commerce because of its many advantages. The most important of these advantages is the lack of physical meetings between its parties and the arbitration panel. This saves much time and expense. The shortcomings and fears of its adoption have been overcome in the Sultanate of Oman after the passing of legislation that provides a safe, legal environment for electronic commerce transactions. This research discusses the importance of electronic arbitration in resolving electronic commerce contract disputes, and reviews its definition, practical experiences, procedures, effectiveness, and applicability in the Sultanate of Oman. This is made possible through the presence of the infrastructure and logistics once approved and adopted Omani legislators.
  Keywords: electronic arbitration; electronic commerce; disputes; contracts; settlement; Oman.
  DOI: 10.1504/IJPLAP.2025.10069928
   
  
• Dispute resolution through knowledge and experience regarding village court among local people: learning from a rural area of Bangladesh  
  by Md. Mahedi Al Masud, Sajib Chowdhury, Md. Karimul Islam, Md. Abdur Rahman 
  Abstract: The study highlights the area of knowledge about the village court and seeks to investigate how they rely on the village court for dispute resolution. We gathered data from 368 households in the southwestern villages of Bangladesh applying a systemic random sampling procedure. We employed negative binomial and zero-inflated poisson regression to examine the relationship, supplementing our analysis with focus group discussions. Our findings indicate that nearly two-fifths of respondents experienced disputes, with almost half filing cases in the village court for resolution, while the rest chose not to resort to any legal action. Findings show that knowledge and awareness about the village court have a positive implication in dispute settlement. This implies that having proper knowledge about the process, benefits, and challenges of the village court facilitates dispute resolution, a finding further supported by qualitative insights. The study recommends that authorities establish robust and proactive mechanisms to ensure a level playing field for all disputants through the symmetric transfer of information about village courts.
  Keywords: knowledge and perception; village court; dispute resolution; justice; Bangladesh.
  
  
• Rohingya repatriation: constructivist and durable solutions approaches to the role of the Arakan Army in evolving Myanmar dynamics  
  by Delara Hasan Ananna, Md. Zahurul Haq, Yuhanif Yusof, AbdelRahman Ahmed AbdelRahman 
  Abstract: The right to return, a fundamental human right recognised under international law, remains an unfulfilled dream for the Rohingya refugees living in Bangladesh. While there have been attempts to repatriate them in the past, the lack of involvement of key stakeholders, including the Ethnic Armed Organisations such as the Arakan Army, has stalled progress. This study explores how theories like Constructivism and the Durable Solutions Framework can guide inclusive frameworks for repatriation in contexts involving powerful non-state actors like the United League of Arakan/Arakan Army. The findings underscore the Arakan Armys prospective role in addressing identity-based grievances and practical barriers to repatriation despite their lack of formal recognition. The study emphasises the importance of a rights-based, multi-stakeholder solution based on qualitative data from interviews with Rohingya refugees, NGO workers, and secondary sources. Connecting theory to practice, the study lays a foundation for the conditions enabling the Rohingyas sustainable return.
  Keywords: right to return; Rohingya repatriation; Bangladesh; Myanmar; Arakan Army; constructivism; durable solutions framework; refugees.
  DOI: 10.1504/IJPLAP.2025.10070123
   
  
• Admissibility of constitutional complaint as an instrument of influencing public policy under emergency pressure: latest lessons to be learned from Central-Europe  
  by Boldizsár Szentgáli-Tóth, Ágnes Váradi, András Hunvald 
  Abstract: Our manuscript conducts comparative assessment, and provides a deeper understanding, how the constitutional courts of Austria, Germany and Hungary adapted the admissibility of constitutional complaints to the extraordinary circumstances raised by the global pandemic to influence public policies on a timely manner. Our analysis would reflect on an issue with long history, which should have been partly reconsidered in the light of the COVID-19 pandemic. Admissibility of constitutional complaints have been reflected by several authors, however, the emerging role of these remedies to influence public policies has not been discussed in depth by the existing legal scholarship. The rapidly evolving public health context frequently required from policy-makers urgent reflections, which should have been subject to constitutional review. This paper demonstrates that if constitutional complaint has been implemented in a given country, in the light of the huge time pressure, the flexible interpretation of admissibility provided by the constitutional courts could give the most effective constitutional remedy for the citizens to influence emergency policies.
  Keywords: public policy; constitutional complaint; emergency; constitutional court; admissibility; access to justice; comparative research; COVID-19.
  
  
• Avoiding false assumptions: the capacity of the Turkish national asylum system  
  by Ayşe Dicle Ergin, Yiğit Kader 
  Abstract: This article examines the challenges faced by Turkiyes national asylum system post its 2013 reform, in the context of hosting the worlds largest refugee population. While the reform initially garnered praise, subsequent scrutiny highlighted issues such as barriers to rights access, a prolonged limbo situation for asylum seekers, limited durable solution options, and instances of refoulement. Through an analysis of historical data, recent statistics, and administrative court decisions, the article identifies capacity issues as a central problem. This problem affects the efficiency of processing international protection applications and the quality of decision-making. However, the capacity challenges are not isolated but interlinked with policy decisions, indicating that resource limitations and policy frameworks jointly contribute to the systems difficulties. The article argues for the need to address these interconnected issues through enhancements in the systems capacity and strategic policy reforms, aiming to effectively tackle the multifaceted challenges faced by Turkiyes asylum system.
  Keywords: Türkiye; asylum systems; refugees; refugee law; refugee status determination; refugee rights; access to rights; deportation; limbo; temporary protection; international protection; 1951 Convention.