International Journal of Public Law and Policy (10 papers in press)
Artificial intelligence in Bangladesh, its applications in different sectors and relevant challenges for the government: an analysis
by Kudrat-E-Khuda Babu
Abstract: Once upon a time, Bangladesh was dependent only on agriculture but with the change of time, the advent of advanced technology has taken place in every field of this country. Automation and control technology is being applied in various industries and artificial intelligence, IoT, big data, blockchain, etc. has become very popular here. For the effective implementation of AI, several specific sectors have been identified here where we see extensive use of AI technologies. For implementing AI technology, Bangladesh government should have to undertake huge preparation where there will be many challenges if the technology is adopted without any proper preparation. The paper briefly discusses the current technological situations in Bangladesh, the concept of AI, its applications in different sectors, and the relevant challenges. The paper also suggests the steps to be taken in the use of AI technology to maintain certain aspects i.e., policy, information privacy, security, and regulations.
Keywords: artificial intelligence; Bangladesh; economic growth; education; Fourth Industrial Revolution; 4IR; information technology; smart mobility.
Marital rape in India: a socio-legal analysis
by Amit Anand, Preethi Lolaksha Nagaveni, Tripti Bhushan
Abstract: As per data published by the National Family Health Survey 2015-2016 which receives technical guidance from the Ministry of Health and Family Welfare, Government of India, 83% of married women between the ages of 15 and 49 who have suffered sexual abuse cite their current husbands as the perpetrators. The hard truth that emerges from this figure is that a large number of crimes against women in India takes place in their respective homes. The issue of marital rape in India is one example of violence against women where the victim suffers both physically and psychologically at the hands of somebody close to them. But, unfortunately, marital rape is not recognised as a crime under the Indian law. The present paper focuses on examining some of the vital socio-cultural and legal reasons that play a significant role in prohibiting criminalisation of marital rape in India.
Keywords: marital rape; women; marriage; patriarchy; Indian Penal Code; IPC; India.
Public economic law constrained by the number(s)? About the pandemic crisis and its consequences
by Habiba Bhouri
Abstract: Faced with this health crisis and this pandemic, state intervention seems necessary and even essential. Thus, in an urgent attempt to stem the large-scale economic crisis, the government has already put in place legal and financial measures to ensure maximum stability. It mainly concerns the status of companies and employees who are the first victims of this pandemic. Public health interventions have generally taken the form of several preventive public health regulations designed to curb the spread of disease and limit their economic and social impact. This public action, however, framed by the principles of international economic law and in particular European. The interest of the subject is to present the proliferation of figures which seem to constitute as much the basis as a constraint to public action in the economy, an attitude which seems to be justified by the unexpected scale of this health crisis.
Keywords: public economic law; coronavirus; emergency economic measures; competition; emergency social measures; regulation.
Extra constitutional or ultra vires: debating the constitutionality and legality of Islamic banking in Nigeria
by Terwase Isaac Sampson, Hemen Philip Faga
Abstract: In 2011, the Central Bank of Nigeria (CBN) published regulations on non-interest financial institutions to regulate the emerging Islamic banking (I-banking) system in Nigeria. These regulations elicited huge condemnation from the ever-divisive Nigerian public on grounds of religious domination and discrimination, illegality and unconstitutionality. This paper appraises the constitutionality and legality of the CBNs regulatory regime for I-banking. It argues that whereas the regulations do not offend the constitutional right to freedom of religion and worship as contended by opponents, a few of its provisions are inconsistent with certain constitutional guarantees and the extant legislations on financial institutions in Nigeria. It distinguishes profit and loss sharing banking (PLSB) under Nigerian law from the concept of Islamic banking and recommends the overhaul of legislations on financial institutions in Nigeria with the view of removing the huddles to the legality and legitimacy of I-banking.
Keywords: Islamic banking; I-banking; profit and loss sharing banking; PLSB; constitutionality; legality; Sharia; secularity; Central Bank of Nigeria; CBN; Nigeria.
State policy of transition to Society 5.0: identification and assessment of digitalisation risks
by Evgeniya K. Karpunina, Irina V. Kosorukova, Alexander A. Dubovitski, Gulnaz F. Galieva, Eleonora M. Chernenko
Abstract: The research is aimed at studying the essence of Society 5.0 as an advanced stage of digital development, where the received digital and economic resources are redirected to solving social problems. It is determined that the basis of the state policy is the management of digitalisation risks. The authors systematised the digitalisation risks: level 1 - information and technological risks; level 2 - socio-economic risks; level 3 - societal risks. The authors formulated recommendations for reducing risks of level 1 and proposed a methodology for assessing risks of levels 2 and 3 based on statistical methods. The authors identified directions of ensuring the transition to Society 5.0: the state policy of levelling information risks of digitalisation; the state policy of digital alignment and maintaining social well-being. Research methods: the method of theoretical analysis, a systematic approach, the method of economic analysis and synthesis, statistical methods.
Keywords: digital development; social development; Society 5.0; digitalisation risks; state policy; security; social changes; risk assessment.
The constitutional framework for public policy in the Middle East and North Africa countries
by Karem Sayed Aboelazm
Abstract: The purpose of this paper is to present the constitutional framework for public policy in the MENA countries and present the different phases in public policy (policy cycle approach) in the MENA countries' constitution, additionally, to explain the main role of public authorities in public policy in each country. This paper used the descriptive approach for the analysis of the concepts of public policy and policy cycle approach. The legal approach is also used in the analysis of the constitutional frameworks governing public policy in the MENA countries. This paper attempted to reach the constitutional background for public policy in each phase and to reach the main role of executive authority, legislation authority, and judicial authority in public policy in MENA countries. This paper will try to answer the following questions: 1) What is the meaning of public policy?; 2) What are the different phases of public policy?; 3) What is the constitutional framework of public policy in MENA countries?
Keywords: public policy; public policy making; implementation of public policy; evaluation of public policy.
New homework for environmental labelling to implement the Paris Agreement to address climate change
by Dhandy Arisaktiwardhana
Abstract: Environmental labelling is one of the non-market approaches (NMA) to reduce energy consumption and mitigate carbon emissions to meet the Paris Agreement (PA) objectives. Furthermore, observing mitigation actions in the nationally determined contributions (NDC) is a way to ascertain whether the parties have determined environmental labelling. This study examines whether the contribution of mitigation to the NDC as a tool for implementing the PA has used environmental labelling as an NMA approach to reduce GHG emissions. This study proposes the NDC feature guideline. The proposed NDC feature guideline consists of determining labelling objectives, determining where to label the product, choosing a suitable labelling standard, determining suitable environmental aspects for labelling, selecting suitable labelling criteria, choosing sustainable testing standards, choosing a competent laboratory or validation and verification body, performing labelling verification actions and conduct monitoring actions.
Keywords: environmental labelling; non-market approaches; NMA; mitigation; energy consumption; carbon emissions; PA; NDC feature guidelines.
Force majeure: implications on continuity of service delivery through procurement and public private partnerships in uncertain times
by Alex Nduhura, Thekiso Molokwane, Sheila Nakiwala, Lukamba M. Tshombe, Innocent Nuwagaba
Abstract: Procurement and PPPs have been adopted as a medium of engaging the private sector through contracts and concessions to deliver public services. The force majeure clause has been included in procurement and PPP contracts to limit liability in the event that parties are frustrated for serving their obligations. This study reveals that while the force majeure clause exists in contracts, it requires that parties cite the events that shall constitute force majeure. Based on a review of literature, the study reveals that while COVID-19 was not catered for, it is largely confirmed a pandemic alongside its associated lockdowns. The findings reveal that COVID-19 measures constitute a force majeure event that exposes procurement and PPPs contracts to frustration. However, unlike other force majeure events we recommend that termination due to frustration should be a last resort option due to switching costs and risks especially for the government. This study provides for contract continuity alternative actions that are necessary for continuity of service delivery in existing procurement and PPP contracts in the uncertain COVID-19 times.
Keywords: COVID-19; force majeure; public private partnerships; project.
Digital government: a Vietnamese perspective
by Giao Cong Vu, Cu Thanh Vu
Abstract: The paper analyses the motivations and processes and the strategies and actions that the Vietnamese Government has applied, and the results achieved recently in building a digital government. The authors believe that the Vietnamese Government has realised the importance of building a digital government with Vietnam's economic development in the context of globalisation. Because of that, it shows high political will and drastic efforts which brought it initial achievements that established the basic foundations for a digital government in Vietnam. The authors demonstrate that, however, the Vietnamese Government is still facing various obstacles in finalising and operating an effective digital government in the country, which stem from limitations of human and financial resources as well as the inertia of the local government officials.
Keywords: digital technology; digital transformation; digital government; Vietnam.
Fixing flaws in WTO appellate body jurisprudence: the case for uniform interpretation of 'likeness' under most favoured nations and national treatment obligations of GATT
by Abiyot M. Dabela
Abstract: Most favoured nations (MFN) and national treatment (NT) are cornerstones of multilateral trading system designed to ensure fair condition of trade, fair competition and liberalisation purpose of the General Agreement on Tariffs and Trade (GATT) by constraining discriminatory measures that disturbs a competitive relationship between or among 'like' products. Yet, the term like product is defined nowhere in GATT. This article compares and contrasts concept of 'like product' under MFN and NT obligations incorporated in Articles I: 1, III: 2:1, III: 2:2, and III: 4 of GATT as interpreted by panel/appellate body, and analyse the same in light of general rules of interpretation of treaty, purpose of specific provisions under question, and the overall objectives of GATT/WTO. In this paper, I argue that a uniform and broader definition encompassing 'DCS' product be accorded to all aspects of GATT likeness.
Keywords: appellate body; GATT; DCS; like product; most favoured nations; MFN; national treatment; panels; WTO.