Forthcoming and Online First Articles

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 (9 papers in press)

Regular Issues

  • Investigating the concerns citizens have about anti-corruption in Vietnam   Order a copy of this article
    by Tuan Van Vu, Oanh Thi Cao 
    Abstract: The seemingly unsolvable corruption problem pervades all nations. It is a concern for governments and corporations, and of course international agencies. Many counties have created laws and enforcement agencies to cope with corruption and to cooperate with international agencies. Obviously, corruption has far-reaching, negative consequences; it decays the stability and security of societies, undermines our institutions, devalues democracy, deteriorates important values and justice, jeopardises sustainable development, and weakens the rule of law. Realising the seriousness of problems and dangers, the United Nations commemorates International Anti-corruption Day1 on December 9th to highlight the presence and impact of the United Nations Convention against Corruption. This convention acknowledges that corruption is not solely a local matter but is transnational and influences all societies and economies.
    Keywords: corruption; anti-corruption; offender; transparency; preventive measures; Vietnam.
    DOI: 10.1504/IJPLAP.2021.10042412
     
  • International legal standard of right to housing: an analysis from the climate change perspective   Order a copy of this article
    by Md. Abdul Awal Khan, Md. Zahurul Haq, A. S. M. Tariq Iqbal 
    Abstract: To expect a decent, standard, and adequate living space for oneself and the future generation is a part of human instinct. Housing rights do not refer to mere shelter; rather the terms security, privacy, peace, and dignity are interconnected to it. Like other human rights, climate change directly affects the right to adequate housing in several ways. International legal and human rights provisions, regarding housing rights, are too general to address under climate change perspective. This paper argues that there should be a minimum standard for the states, which could be followed as a principle for ensuring housing rights for the citizens to formulate their national housing plan, legislation, and strategy. Thus, this paper investigates the standards of existing international provisions on housing rights and focuses on minimum core obligation and progressive realisation theory to ensure the right to housing, especially from the climate change perspective.
    Keywords: climate change; right to housing; climate change; housing rights; core obligation; progressive realisation.
    DOI: 10.1504/IJPLAP.2022.10042619
     
  • Efficiency and administrative regulation: the case of electoral systems in Peru and Ecuador   Order a copy of this article
    by Rubén Méndez Reátegui, Raul Alosilla Diaz, Oscar Sumar Albujar, Diego Coca Chanalata 
    Abstract: From an interdisciplinary analysis, this paper intends to describe the meanings and roles played by efficiency in public administration, from a legal-economic perspective. In line with the neo-institutional approach, legal-economic analysis is based on the premise that agents involved in the different levels of government make decisions according to the incentives they face, and so legal rules are. However, variables that impose costs and benefits, but can also cause externalities within the context of these decisions. We analyse how efficiency is applied in different contexts and administrative regulations, focusing on the electoral system.
    Keywords: administrative law; public law; public administration; efficiency; Peru; Ecuador.
    DOI: 10.1504/IJPLAP.2022.10043258
     
  • Beyond binary discrimination: wading our way through the pool of equality jurisprudence   Order a copy of this article
    by Sayalee S. Surjuse 
    Abstract: From grappling with the concerns of equality between the binary genders to achieving equality for the transgenders1, India has trodden this path and how! She marches ahead by heralding a new era for recognition of rights of the LGBTQ+ community in the judgment of Navtej Singh Johar.2 However, this credit goes to the undemocratic-branch of Judiciary and not to the branch which is the real democratic reflection of the aspirations of people. Yet, lately, we have witnessed different hues of bigotry in society. The issue of discrimination is not limited to sexual minorities, but is all-pervading on the food choices of an individual, beliefs, pregnancy, and disability, etc. The plight of an individual can be fathomed by the fact that the Judiciary also had to battle the competing notions of public morality and constitutional morality in cases of Navtej Singh Johar3 and Naz Foundation.4 Unarguably, there are progressive anti-discriminatory laws like the Rights of Persons with Disabilities Act, 2016, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 amongst others. However, discrimination based on sexual identity, sexual orientation, marital status, food preferences, etc. escapes the clutches of these laws. The drafts of Anti-discrimination and Equality Bill, 2016 and 2019 are a step in the right direction, however, ways to reconcile the competing rights of the individual remains a point of concern.
    Keywords: equality legislation; intersectionality; protected characteristics; LGBTQ+; equality commission; anti-discrimination; Supreme Court of India; Indian constitution; race; gender.
    DOI: 10.1504/IJPLAP.2021.10043263
     
  • Preventing money laundering during the placement stage: the Jordanian commercial banks case   Order a copy of this article
    by Suleiman Jamal Mohammad, Asem Tahtamouni, Abdullah Ahmed Aldaas, Mohammad Ahmad Sumadi 
    Abstract: The aim of this paper is to understand the bank employees’ awareness and satisfaction levels towards various issues related to money laundering in Jordanian commercial banks. The data was collected through distributed questionnaires. Statistical techniques like correlations and regressions along with hypothesis testing were applied for data analysis. The paper found that the employees of Jordanian commercial banks were found to be satisfied with several initiatives and procedures for detecting money laundering in their banks, but the exposure of employees was a concern. The significance of this research is based on the premise that money laundering damages the growth and progress of the monetary system, which is due to the impact of the risk structure of the bank and also, due to negatively affecting the customer’s trust. Subsequently, a proper implementation by the banking system creates an additional layer of money laundering prevention.
    Keywords: money laundering; anti-money laundering laws; placement stage; commercial banks; Jordan.
    DOI: 10.1504/IJPLAP.2022.10043599
     
  • Citizens' remonstrances constitutionality in Nigeria and the role of social media: a metaphorical appraisal of #EndSars police brutality protest   Order a copy of this article
    by Obinna Johnkennedy Chukwu 
    Abstract: This paper examines citizens’ remonstrance’s constitutionality in Nigeria, as well as, the relevance of social media to the advancement of protest, amongst others. The study, extensively, perused and analysed constitutional and statutory legal regimes pertaining to right to protest; and its adherence; and forayed into the position of social media in the advancement of protest and right to protest, utilising the #EndSar protest’s account as metaphor for the assessment. The study concludes, amongst others, that citizens’ right to remonstrance or protest exist in Nigeria’s laws, but that the greatest challenge to the right is governments and the security agencies’ disobedience to, and breach of the law; as well as, the introduction of political consideration in the application of the law. In view of the above, the Paper recommends, among other things, that the National Assembly (Legislature) should repeal the Nigerian Public Order Act, and in its stead, enact a law that prohibits inhibition of protest; and that clearly expressed the right to protest and how protests should be organised.
    Keywords: citizens; remonstrance; constitutionality; metaphorical; Nigeria; #EndSars protest.
    DOI: 10.1504/IJPLAP.2021.10043600
     
  • The politics of recognition in multi-ethnic regions of Ethiopia and its implication to land rights of 'non-titular' nationalities: evidences from Benishangul-Gumuz regional state   Order a copy of this article
    by Ketemaw Muluye, Tewodros Abuhay, Belete Mehari 
    Abstract: Ethiopia was restructured as an ethnic federal state in 1991 with the aim to ensure equality of ethnic groups. However, it is claimed that, multi-ethnic regions such as BGRS create hierarchy of ethnicities in exercising rights. The aim of this article is, thus, to examine the region's politics of recognition and its implication on the land rights of 'non-titular' nationalities in BGRS. Qualitative research approach with a case study research design was utilised. The data were collected through interview and document analysis. The finding revealed that Amharas' right of access to land and get compensation for land and properties confiscated by the government are found to be restricted. This is attributed, mainly, to the exclusionary politics of recognition that made some ethnic groups 'owners' and others 'non-owners'. This implies the need to reconsider the federation with an attention to the rights of 'non-owners' in multi-ethnic regional states of Ethiopia.
    Keywords: Amhara; politics of identity; land right; ethnic federalism; politics of recognition; minorities; Benishangul-Gumuz; Ethiopia.
    DOI: 10.1504/IJPLAP.2022.10044082
     
  • Economic and peace effects of terrorism in the 21st century   Order a copy of this article
    by Chinonyerem Emmanuel Oji, Joshua Adeyemi Afolabi 
    Abstract: Terrorism remains a severe threat to the global economy as well as global peace and security, given its destructive nature. Therefore, this study examined the economic and peace effects of terrorism in the 21st century. This study showed that the four deadliest terrorist groups are Taliban in Afghanistan, Al-Shabaab in Somalia, Boko-Haram in Nigeria and Islamic State of Iraq and the Levant (ISIL) in Syria and Iraq and their activities have had huge economic costs for the global economy. Specifically, this study showed that terrorism has led to several deaths and injuries as well as huge economic losses in trillions of dollars across the world. Accordingly, various efforts have been put in place by national and international bodies, government and non-governmental organisations to nip terrorism in the bud but terrorism still persists. Hence, this study recommended that efforts should be intensified to counter terrorism and make the world more peaceful.
    Keywords: terrorism; global peace; 21st century; Taliban; Boko-Haram; Al-Shabaab; Islamic State of Iraq and the Levant; ISIL.
    DOI: 10.1504/IJPLAP.2022.10044160
     
  • Ending of the endless in Afghanistan: gauging the responsibility of the USA in international law   Order a copy of this article
    by Atul Alexander, Simran Upadhyaya 
    Abstract: The fall of Kabul triggered by the Taliban and the withdrawal of foreign forces from Afghanistan has created havoc in the international community. The legitimacy of control given to the Taliban is under the peace agreement signed by the Taliban and the USA. This has raised a pertinent question as to whether the USA (state actor) should be held responsible for the wrongful acts of the Taliban (a non-state actor) in Afghanistan for actively permitting their arrival in the country. Usually, state attributability is understood via the Articles on State Responsibility. However, due to certain limitations in its application, the authors rely on Common Article 1 of the Geneva Convention to argue the accountability of the USA for acts of non-state actors in a situation of an armed conflict, even when it has extraterritorial jurisdiction over Afghanistan.
    Keywords: Afghanistan; Taliban; USA; state responsibility; Geneva Convention; armed conflict; Common Article 1; Common Article 3; extraterritorial jurisdiction.
    DOI: 10.1504/IJPLAP.2022.10044368