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Article
Publication date: 29 February 2024

Samiksha Mathur and Sonu Agarwal

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal…

Abstract

Purpose

This paper aims to discuss the positioning of international organisations (IOs) in the realm of international law. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. This paper suggests making IOs parties to international treaties like the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR) and Geneva Convention 1949 to codify their international responsibilities. In addition, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs.

Design/methodology/approach

The paper opted for qualitative analytical approach of research by referring to international treaties and scholarly papers.

Findings

The authors have evaluated the bindingness of international law on IOs. The authors argue that jus cogens and customary international law are equally binding on IOs. However, treaties could only be binding on IOs to the extent of their consent. The authors have assessed prior violations of IOs. The authors argue that, to prevent such violations by IOs, creating obligations is the first step. Second, amendments are required in the existing international treaties that reflect the foundations of international humanitarian and international human rights law like the Geneva Convention 1949, ICCPR, and ICESCR, to permit IOs to join these treaties, resulting in binding international legal obligations.

Research limitations/implications

The most prominent assertion of this paper is that IOs as subjects of international law are bound by the principles of international law, including treaty law with consent, customary international laws, general principles of law and peremptory norms. To fulfil these obligations, a regime needs to be introduced wherein amendment is made in treaties to make IOs parties to them and structuring the law on responsibility for IOs. Considering the multifaceted nature of IO, the role it performs in contemporary times requires them to be bound by rules of international law just like states. There is a need to settle their position in global governance and give them more teeth to understand and fulfil their duties to ensure smooth functioning in the long run.

Originality/value

The paper fulfils an identified gap in the positioning of IOs under the international law.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Open Access
Article
Publication date: 6 March 2024

Angela Yung Chi Hou, Christopher Hong-Yi Tao, Kyle Zi-Wei Zhou, Arianna Fang Yu Lin, Edward Hung Cheng Su and Ying Chen

In 2022, the International Network for Quality Assurance (QA) Agencies in Higher Education (INQAAHE) published the new guidelines by adding three QA modules in response to the…

207

Abstract

Purpose

In 2022, the International Network for Quality Assurance (QA) Agencies in Higher Education (INQAAHE) published the new guidelines by adding three QA modules in response to the changing higher education landscape. The paper aims to investigate the transformative focus of quality assurance in higher education globally as well as Asian response to three new QA modules according to the INQAAHE ISGs.

Design/methodology/approach

The research conducted a quantitative approach for data collection. An on-line survey was conducted to perceive QA practices, perceptions toward new emerging QA modules and challenges encountered. In total, there were 26 responses from 18 territories with 22 QA agencies. A total of 13 out of them have a national qualifications framework in place.

Findings

Three are three major findings in the study. First, national policy and criteria and standards in distance education have been developed in the majority of Asian nations. Second, non-signatories of the Tokyo Convention had a higher proportion of having related policies, regulations and criteria in CBHE and distance education. Third, national policies and regulations; and lack of professional staff are two common challenges implementing QA in new types of providers.

Originality/value

The findings are of value for policymakers, QA agencies and universities to advocate the new QA model as a systematic approach in response to changing higher education landscape in the post pandemic era.

Details

Journal of International Cooperation in Education, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2755-029X

Keywords

Article
Publication date: 22 January 2024

Veltrice Tan

This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.

Abstract

Purpose

This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.

Design/methodology/approach

Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations.

Findings

Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the recovery of stolen assets, as there is a lower threshold for the recognition and enforcement of a foreign judgement.

Research limitations/implications

There are limited data available in relation to the recognition and enforcement of foreign judgements pertaining to the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs within the Belt and Road Initiative.

Practical implications

Those who are interested in examining the viability in recognizing and enforcing foreign judgements relating to stolen assets will have an interest in this topic.

Originality/value

The value of the paper is to demonstrate the difficulties in recognizing and enforcing foreign judgements in China in relation to stolen assets.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 23 August 2023

E.E. Lawrence

Librarianship’s dominant conception of the freedom to read is governed by a liberal principle of noninterference, wherein free readers are those who face no intentional…

Abstract

Purpose

Librarianship’s dominant conception of the freedom to read is governed by a liberal principle of noninterference, wherein free readers are those who face no intentional intervention in their choice of materials. The purpose of this paper is to demonstrate how this account fails to adequately capture systemic threats that impoverish people’s reading lives.

Design/methodology/approach

This conceptual paper deploys informal argumentation to expose a flaw in the dominant account of the freedom to read. The author uses a case study of comparative titles or comps, an editorial decision-making and justificatory convention that reproduces racial inequality in Anglophone trade publishing.

Findings

Comps present one example of how everyday norms and practices of literary production render people’s reading lives pervasively unfree, even absent some intent to interfere in them. The going account of the freedom to read calls, at best, for a greater diversity of book-commodities from which consumers may choose. However, the comp case suggests that this distributive remedy will be insufficient without relevant changes to the institutional arrangements that condition readers' choices in the first place.

Originality/value

This paper draws together insights from Library and Information Science, political philosophy and print culture studies to illuminate limitations in librarianship’s standard conception of the freedom to read. This reveals the need for an alternative, structural account of that freedom with significant implications for practice.

Details

Journal of Documentation, vol. 80 no. 2
Type: Research Article
ISSN: 0022-0418

Keywords

Open Access
Article
Publication date: 5 February 2024

Ariadna H. Ochnio

Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…

Abstract

Purpose

Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.

Design/methodology/approach

Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.

Findings

There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.

Originality/value

This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.

Details

Journal of Money Laundering Control, vol. 27 no. 7
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 30 October 2023

Badreddine Berrahlia

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This…

Abstract

Purpose

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

Design/methodology/approach

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

Findings

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

Research limitations/implications

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

Originality/value

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

Details

Journal of International Trade Law and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 22 March 2024

Heba Saeed and Medhat Abdel Hameed Al Atrees

The purpose of this paper is to discuss the need to establish linkages between tourism, intangible cultural heritage and creativity in Egypt and also diversifying tourism through…

Abstract

Purpose

The purpose of this paper is to discuss the need to establish linkages between tourism, intangible cultural heritage and creativity in Egypt and also diversifying tourism through creativity; and to analyze and explain the impact of intangible cultural heritage on tourism experience in Egypt and the opportunities to generate added value from integrating tourism and creativity. It also suggests some practical steps for developing intangible cultural heritage-based tourism models in Egypt.

Design/methodology/approach

The paper proposes a conceptual framework for integrating intangible cultural heritage with tourism in Egypt and its impact on tourism experience. To apply this framework, a case study was conducted focused on the tourism experience derived from intangible cultural heritage in Alexandria. The authors collected primary data by directly observing and experiencing tourism in Egypt, providing valuable firsthand experiential data. These observations offered insights into the practical aspects of intangible cultural heritage-based tourism in Egypt. In addition, secondary data sources such as academic research papers, reports and publications related to tourism and intangible cultural heritage experiences were utilized to support and complement the primary data.

Findings

Findings suggest the need for a different approach in intangible heritage based tourism promotion and consumption, an approach that may differ from the conventional and typical considerations in cultural tourism planning and management. In addition, findings emphasized that tourism-based intangible heritage in Egypt can be a constructive platform and sustainable tool to promote the country’s rich culture and traditions while providing employment opportunities for the local population.

Research limitations/implications

This study provides an exploratory overview of integrating intangible heritage with tourism in Egypt, through exploring Egypt’s intangible heritage and proposing a framework of its inclusion, in order to create an intangible cultural heritage tourism experience. However, the proposed framework and packages should be analyzed and examined on the ground through the heritage, administrative, social and tourist aspects of the destination, to assess the viability of the study.

Practical implications

The practical implications of this study should be addressed to the decision makers working on management action plans in tourist destinations in Egypt, such as site mangers as well as tour operators. It could contribute to adopting a new approach in developing and implementing a mutually beneficial partnership between intangible heritage and tourism in Egypt.

Originality/value

It is the first study that presents practical steps to develop new models for linking intangible heritage to tourism in Egypt.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2044-1266

Keywords

Abstract

Details

Journal of Tourism Futures, vol. 10 no. 1
Type: Research Article
ISSN: 2055-5911

Article
Publication date: 24 October 2023

Doron Goldbarsht

The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks…

Abstract

Purpose

The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks that protect consumers, combat money laundering and address risks linked to digital assets. Conventional approaches to confiscation and anti-money laundering are deemed insufficient in this evolving landscape. The absence of a central authority and the use of encryption hinder the identification of asset owners and the tracking of illicit activities. Moreover, the international and cross-border nature of digital assets complicates matters, demanding global coordination. The purpose of this study is to highlight that the effective combat of money laundering, legislative action, innovative investigative techniques and public–private partnerships are crucial.

Design/methodology/approach

The focal point of this paper is Australia’s approach to law enforcement in the realm of digital assets. It underscores the pivotal role of robust confiscation mechanisms in disrupting criminal networks operating through digital means. The paper firmly asserts that staying ahead of the curve and maintaining an agile stance is paramount. Criminals are quick to embrace emerging technologies, necessitating proactive measures from policymakers and law enforcement agencies.

Findings

It is argued that an agile and comprehensive approach is vital in countering money laundering, as criminals adapt to new technologies. Policymakers and law enforcement agencies must remain proactively ahead of these developments to efficiently identify, trace and seize digital assets involved in illicit activities, thereby safeguarding the integrity of the global financial system.

Originality/value

This paper provides a distinctive perspective by examining Australia’s legal anti-money laundering and counterterrorism financing framework, along with its law enforcement strategies within the realm of the digital asset landscape. While there is a plethora of literature on both asset confiscation and digital assets, there is a noticeable absence of exploration into their interplay, especially within the Australian context.

Details

Journal of Money Laundering Control, vol. 27 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 28 March 2024

Jeremy Schulz, Laura Robinson and Katia Moles

This chapter explores the development of social science visualizations as cultural objects within art worlds. The research examines artworks as social science visualizations to…

Abstract

This chapter explores the development of social science visualizations as cultural objects within art worlds. The research examines artworks as social science visualizations to show the importance of conducting analysis within distinctive social, institutional, and cultural environments. To make these arguments, the chapter outlines some of the key features of art worlds as they have been analyzed by cultural sociologists and anthropologists. We point out how cultures of reception and institutional intermediaries, such as museums, have historically shaped the construction of artworks, which are never produced or interpreted in a vacuum. The chapter closes with a call to expand both the application of social science visualizations and our understanding of such visualizations as subject to similar art world dynamics. Such visualizations, it is argued, constitute key components of social research practice increasingly oriented toward a digitally connected public hungry for visual interpretations of contemporary social developments.

Details

Geo Spaces of Communication Research
Type: Book
ISBN: 978-1-80071-606-3

Keywords

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