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1 – 10 of over 1000This paper aims to analyse the key Faro notions of “heritage community” and “democratic participation” as defined in the Faro Convention, and how they challenge core notions of…
Abstract
Purpose
This paper aims to analyse the key Faro notions of “heritage community” and “democratic participation” as defined in the Faro Convention, and how they challenge core notions of authority and expertise in the discipline and professional practice of cultural heritage.
Design/methodology/approach
This paper examines notions of “heritage community” and “democratic participation” as they are framed in the Faro Convention, and it briefly introduces two cases (Finland and Marseille) to explore their application. It then focusses on the implications of these two notions for heritage administration (expertise) in terms of citizen agency, co-creation of knowledge and forms of decision-making processes.
Findings
The Faro Convention favours an innovative approach to social, politic and economic problems using cultural heritage. To accomplish this, it empowers citizens as actors in developing heritage-based approaches. This model transforms heritage into a means for achieving socioeconomic goals and attributes to the public the ability to undertake heritage initiatives, leaving the administration and expert bodies as mediators in this process. To bring about this shift, Faro institutes the notion of “heritage communities” and fosters participative governance. However, how heritage communities practise participation may follow different paths and result in different experiences due to local and national political circumstances.
Originality/value
The Faro Convention opens up a window by framing cultural heritage within the realm of social and democratic instrumentality, above and beyond the heritage per se. But it also poses some questions regarding the rationale of heritage management (authority in governability), at least as understood traditionally under official heritage management discourses.
The purpose of this paper is to critically investigate the Ethiopia’s climate change adaptation and mitigation regulatory frameworks and their congruency with the guiding…
Abstract
Purpose
The purpose of this paper is to critically investigate the Ethiopia’s climate change adaptation and mitigation regulatory frameworks and their congruency with the guiding principles under the United Nations (UN) Climate Convention, to show the alignment of the regulatory frameworks with the UN Climate Change rules. Rising temperatures, erratic rainfall distribution, recurrent droughts and floods require robust climate change mitigation and adaptation policies and effective implementation in the country.
Design/methodology/approach
Through the doctrinal legal research method, the author has used a detailed analysis of primary sources, both national and international legislative enactments. Besides, the research has benefitted from secondary sources like research reports, online publications, scientific journals, international reports, books and journal articles.
Findings
The findings reveal that in Ethiopia, there is no national climate change-specific policy and legislation. Although there are scattered sectoral climate-related policies and strategies, they are not consistent with the principles of the United Nations Framework Convention on Climate Change (UNFCCC).
Originality/value
This study argues that having comprehensive specific climate change policy and legislative frameworks consistent with UNFCCC guiding principles could help to mitigate and adapt to the adverse effects of climate change in the country.
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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.
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This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China.
Abstract
Purpose
This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China.
Design/methodology/approach
Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions.
Findings
The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology.
Research limitations/implications
There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and the statistical success in 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 of the Belt and Road Initiative.
Practical implications
Those who are interested in examining how authorities could recover stolen assets from and for China will have an interest in this topic.
Originality/value
The value of the paper is to demonstrate the difficulties in recovering stolen assets for and from China.
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This study aims to examine the rationales for and obstacles to developing a national qualifications framework (NQF) in Japan. From a research perspective, it attempts to propose a…
Abstract
Purpose
This study aims to examine the rationales for and obstacles to developing a national qualifications framework (NQF) in Japan. From a research perspective, it attempts to propose a model of a qualifications framework in the national context to provoke further political discussion in developing the Japanese Qualifications Framework (JQF).
Design/methodology/approach
To propose a possible model of a qualifications framework in the Japanese context, this study employs a qualitative document analysis approach to known NQFs. Next, based on documents and the literature, including government data and the United Nations Educational, Scientific and Cultural Organization’s Tokyo Convention (2011a, b), this study analyzes the motives and challenges in developing the JQF.
Findings
Japanese motives to develop the JQF can be summarized in four conditions: (a) International expectations along with the Tokyo Convention and establishment of the National Information Center, (b) avoiding qualification holders’ disadvantages in mobility, (c) quality assurance of qualifications with a competence-based approach and (d) lifelong learning by promoting recognition of diverse learning. The challenges in developing the JQF are (a) fitness with the traditional employment system and (b) multiple stakeholders’ involvement. The current priority in developing an NQF in Japan is to make educational qualification information “visible” based on legal grounds, particularly entrance requirements, to facilitate mobility.
Originality/value
This study explores the possibility of the JQF by summarizing the background and roles of NQFs worldwide and clarifying the motives and challenges for developing the JQF. This study provides suggestions for the possible qualifications framework model in the Japanese context from academic and practical perspectives in Japan, where official discussions on establishing an NQF have not progressed. Ensuring the international compatibility of qualifications so that qualification holders can smoothly take the next step in their studies and employment is important.
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This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…
Abstract
Purpose
This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.
Design/methodology/approach
The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.
Findings
Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.
Research limitations/implications
The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).
Originality/value
The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.
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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…
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.
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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.
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