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1 – 10 of over 2000
Book part
Publication date: 4 October 2014

Hugh Breakey

The separation of powers constitutes a vital feature of western democracies, enshrined in myriad federal and state constitutions. Yet, as a broad principle, theorists struggle to…

Abstract

The separation of powers constitutes a vital feature of western democracies, enshrined in myriad federal and state constitutions. Yet, as a broad principle, theorists struggle to pin down its precise nature, and many contend that the tripartite separation of state powers into legislative, executive and judicial branches proves simplistic and infeasible. I argue we should understand the separation of powers as a strategy used to structure relations between the separated institutions. This process of structuring empowers the creation of novel inter-relations among institutions (relations of balancing, checking, dividing, coordinating and so on), with the goal of improving their institutional integrity. In short, we separate only to reconnect.

Book part
Publication date: 5 December 2007

Sally Engle Merry

This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to…

Abstract

This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to address sufficiently in the dimensions of power, meaning, and social relationships: bottom-up lawmaking; transnational legal processes; and global legal pluralism. The idea of bottom-up lawmaking, already discussed, has the strength of beginning from the everyday practices by which problems are solved that lead eventually to the creation of a body of law. However, the phrase bottom-up suggests that this is a grassroots movement, while it is typically cosmopolitan elites who generate the informal rules that become established over time. Explicit attention to the power relationships underlying this process would help to clarify what “bottom-up” means. As Judith Resnick points out, the terms “soft law” and “hard law” are themselves problematic, incorporating gender ideologies and suggesting that some international laws are enforced firmly, which is rarely the case in practice (personal communication).

Details

Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

Article
Publication date: 18 May 2020

Yu Shi and Rebecca Hendrick

The objective of the study is to determine if an over-borrowing bias emerges when the state fiscal base is shared by multiple general-purpose and special-purpose jurisdictions…

Abstract

Purpose

The objective of the study is to determine if an over-borrowing bias emerges when the state fiscal base is shared by multiple general-purpose and special-purpose jurisdictions serving different groups of citizens.

Design/methodology/approach

This study uses panel data from all 50 states in the US from 1997 to 2007 to estimate models of total debt levels of state governments and total debt levels of all local governments aggregated at the state level. For comparison, it also estimates total debt levels of state and local governments taken together for the same years.

Findings

This study finds that jurisdictional overlap will increase state government debt, local government debt, as well as combined state and local government debt.

Originality/value

The finding from the study suggests that the fiscal common-pool model provides a more accurate analysis and more appropriate understanding of the institutional composition at the state and local public sector, especially for the vertical dimension of the local public sector where there are more specialized and overlapping jurisdictions.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. 32 no. 2
Type: Research Article
ISSN: 1096-3367

Keywords

Open Access
Article
Publication date: 17 May 2021

Mohamed Al Amine Sano and Salina Kassim

The purpose of this paper is to seek to establish an effective governance framework for waqf (Islamic endowment) in the Republic of Guinea that would assist in enhancing…

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Abstract

Purpose

The purpose of this paper is to seek to establish an effective governance framework for waqf (Islamic endowment) in the Republic of Guinea that would assist in enhancing socio-economic activities and eradicating poverty in the country.

Design/methodology/approach

It examines key governing features within the said country’s waqf legal framework and undertakes a comparison with other countries’ legal frameworks. This paper also examines waqf-related legal references of Guinea and other countries and analyses relevant online sources such as journal articles, research papers, webpages as well as informal discussions with persons informed on the subject matter within and outside the Republic of Guinea.

Findings

This paper identifies a number of prevailing issues affecting the development of the institution of waqf in the Republic of Guinea and, thereafter, proposes key reformatory measures. These include the passing of general codified legislation that comprehensively governs waqf affairs in the country and the setting up of a dedicated supervisory entity and competent managerial bodies to ensure the smooth and effective operation of the institution in the country.

Originality/value

This research proposes an innovative and befitting governance framework for waqf operations in the Republic of Guinea. These recommendations, if correctly adopted, would ensure the viability and efficacy of the institution of waqf in the Republic of Guinea and would lead to socio-economic development, as has been the case in other nations. Moreover, other countries with underdeveloped waqf governance systems could also model their waqf operations based on these recommendations, as they are most likely already encountering or going to encounter identical issues in this particular field.

Details

ISRA International Journal of Islamic Finance, vol. 13 no. 2
Type: Research Article
ISSN: 0128-1976

Keywords

Open Access
Article
Publication date: 7 August 2018

Zihan Nie, Nico Heerink, Qin Tu and Shuqin Jin

The purpose of this paper is to examine the effect of adopting certified food production on chemical fertilizer and pesticide use in China.

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Abstract

Purpose

The purpose of this paper is to examine the effect of adopting certified food production on chemical fertilizer and pesticide use in China.

Design/methodology/approach

The authors estimate fixed effect models to track the changes in agrochemical consumption at household level over time and evaluate the effect of certified food production, using an unbalanced panel data set covering 4,830 households in six provinces over the period 2005–2013.

Findings

On average, the authors do not find significant effects of certified food production on either chemical fertilizer or pesticide consumption among Chinese farmers. The effects are heterogeneous across villages, but the heterogeneous effects show no clear pattern that is consistent with different types of certification. The findings are robust to the use of alternative panel structure and certification indicators. The lack of knowledge about certification among farmers, the price premium and differences in regulation enforcement across regions may explain why the authors do not find negative effects on agrochemical use.

Practical implications

This study suggests that careful inspections and strong enforcement of certified food production is needed to ensure that the environmental goals of certified food production can be achieved and the reputation of certification in China can be improved. The inspection of certification producers and the enforcement of current regulations should be stricter for the further healthy development of certified food production in China.

Originality/value

This study is the first attempt to systematically evaluate the impact of food certification on the use of agrochemicals in Chinese agriculture.

Details

China Agricultural Economic Review, vol. 10 no. 3
Type: Research Article
ISSN: 1756-137X

Keywords

Article
Publication date: 5 October 2012

Tyler W. Hodgson

Various countries have recently passed anti‐corruption and bribery laws that have international jurisdictional reach. The overlapping jurisdiction of these “long arm” statutes…

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Abstract

Purpose

Various countries have recently passed anti‐corruption and bribery laws that have international jurisdictional reach. The overlapping jurisdiction of these “long arm” statutes presents the real possibility that an offender can be twice prosecuted for the same conduct, as recently demonstrated in the case of US v. Jeong. The purpose of this paper is to highlight the difference of approach between various nations in their understanding and application of the doctrine of international double jeopardy.

Design/methodology/approach

This paper explores the profound divergence in the application of the doctrine of double jeopardy in an international context, primarily by comparing and contrasting two representative jurisdictions on the subject, Canada and the USA.

Findings

The dividing line between the approach to international double jeopardy by common law nations is the doctrine of dual sovereignty. Jurisdictions which have not adopted the dual sovereignty doctrine (such as Canada) are more likely to view a prior verdict from a foreign court as a bar any further prosecution for the same offence; by contrast, countries that have adopted the dual sovereignty doctrine (such as the UA) are less likely to view a previous foreign conviction or acquittal as a bar to further prosecution.

Practical implications

In negotiating a global settlement for acts of corruption or bribery, no finality can be achieved unless and until a resolution is reached with dual sovereignty jurisdictions.

Originality/value

This paper is of value to any individual or multi‐national concern that operates in more than one jurisdiction, as it outlines the potential dangers associated with reaching a premature global settlement for acts of bribery and corruption.

Article
Publication date: 13 November 2017

Norman Mugarura

This paper aims to explore the role of public and private international law and how they are used differently in regulation of global markets. Data were sourced from both primary…

Abstract

Purpose

This paper aims to explore the role of public and private international law and how they are used differently in regulation of global markets. Data were sourced from both primary and secondary materials – journal papers, court decisions, textbooks and international legal instruments to gain insights into the role of law and the varied contexts in which it is used in regulation of markets. In an ordinary sense of the word, law sets operational limits to protect normative values and practices in a state – trade, peace, security, just to mention but a few. However, law cannot be confined to deterring undesired behaviours or to settling disputes, but more importantly, a good law should prevent disputes from happening. Law dictates the way of life of a society and its efficacy often depends on how well it is used to order the proper functioning of the system. International law is the set of rules which govern and foster effective relations of states. The paper explores the chasm between public and private international law, with a view to demonstrate how they are used differently in regulation of markets. Public and private international law encompass norms evolved by multilateral treaties, customs, judicial decisions, model laws and soft law instruments by different oversight bodies governing states and other stakeholders in their relationship with each other. These norms/rules create a platform for interstate cooperation on varied regulatory issues of shared interests. While treaties create a uniform framework of rules in all signatory states, their implementation often depends on individual states willingness to transpose them into national law. Owing to the inherent challenges of public international law (interstate practice), it has become imperative for markets to use rules of private international law. While public regulates the relationship of states and their emanation, private international law helps to bridge gaps in the mainstream international legal systems of states and in so doing enhances their co-existence on overlapping regulatory issues. The engendered trans-national norms will over time generate a positive impact on local sustainability and co-existence of different regulatory domains.

Design/methodology/approach

This paper uses cases studies and experiences of countries to demonstrate the complimentary relationship of public and private international law and how they work in tandem in international legal practice. The paper has also used the varied experiences of states to demonstrate how public and private international law interact in regulation of global markets. Data were sourced from both primary and secondary sources – journal papers, court decisions, textbooks and international legal instruments – to gain insights into the law and the varied contexts in regulation of markets. The case law and experience of states alluded to undertaking this research reflect the complimentary relationship of states for markets to operate effectively.

Findings

The findings of the paper comport with the hypothesis that markets cannot effectively work unless they are pursued within the framework of rules of public and private international law. The paper has alluded to the experience in national jurisdictions and global to highlight the chasm between different regulatory domains for markets to operate effectively. The paper articulates important practical issues relating to public and private international law in regulations of markets.

Research limitations/implications

The practical implication of the paper is that it underscores significant legal issues relating to regulation of markets drawing examples within national jurisdictions and globally.

Social implications

The paper has social implications because markets affect people, jobs and social life in varied ways. It addresses pertinent issues related to the complementarity of public and private international law and how they are manifested in national jurisdictions.

Originality/value

The paper is original because it nuances the interrelationship of public and private international law, teasing out their interaction in regulation of global markets in a distinctive way.

Details

International Journal of Law and Management, vol. 59 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 15 October 2020

Sida Liu

Professionals often dislike dirty work, yet they accommodate or even embrace it in everyday practice. This chapter problematizes Andrew Abbott’s professional purity thesis by…

Abstract

Professionals often dislike dirty work, yet they accommodate or even embrace it in everyday practice. This chapter problematizes Andrew Abbott’s professional purity thesis by examining five major forms of impurities in professional work, namely impurity in expertise, impurity in jurisdictions, impurity in clients, impurity in organizations, and impurity in politics. These impurities complicate the relationship between purity and status as some impurities may enhance professional status while others may jeopardize it, especially when the social origins of professionals are rapidly diversifying and professional work is increasingly intertwined with the logics of market and bureaucracy. Taking impurities seriously can help the sociology of professions move beyond the idealistic image of an independent, disinterested professional detached from human emotions, turf battles, client influence, and organizational or political forces and towards a more pragmatic understanding of professional work, expertise, ethics and the nature of professionalism.

Details

Professional Work: Knowledge, Power and Social Inequalities
Type: Book
ISBN: 978-1-80043-210-9

Keywords

Open Access
Article
Publication date: 16 July 2021

Md Mizanur Rahman

This paper aims to assess the performance of achieving the targets of Sustainable Development Goals (SDGs) by aligning with the recent initiatives taken by different ministries…

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Abstract

Purpose

This paper aims to assess the performance of achieving the targets of Sustainable Development Goals (SDGs) by aligning with the recent initiatives taken by different ministries and divisions in Bangladesh. It also examines the institutional challenges associated with the implementation of SDGs.

Design/methodology/approach

Both primary and secondary data were analysed by applying different techniques. The initiatives taken by various ministries and divisions of Bangladesh resonated partially with 84 targets of SDGs.

Findings

Ambiguous mandates of different ministries and divisions have caused overlapping jurisdiction, followed by conflicts of interest and lack of cohesion. Inaccurate stakeholder analysis, data unavailability, lack of competency and accountability, and a top-down policy approach can be considered as the major institutional bottlenecks in achieving SDGs.

Originality/value

This paper advocates revising the map to incorporate the right stakeholders to avoid erroneous monitoring, evaluation, and finally, inaccurate reporting. The reallocation of business for ministries and divisions is warranted to abolish jurisdictional overlapping and conflict of interests and make SDGs friendly. Despite the COVID-19 pandemic recession, Bangladesh may be able to multiply its achievement with the same resources and efforts by addressing those drawbacks.

Details

Public Administration and Policy, vol. 24 no. 2
Type: Research Article
ISSN: 1727-2645

Keywords

Article
Publication date: 1 March 1999

Joyce Y. Man

The Tax Increment Financing (TIF) method has achieved widespread popularity as a funding source to finance local infrastructure investments and improvements. However, little…

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Abstract

The Tax Increment Financing (TIF) method has achieved widespread popularity as a funding source to finance local infrastructure investments and improvements. However, little research has been conducted to evaluate the effectiveness of such programs. This study undertakes a regression analysis to examine the effects of the municipal adoption of TIF programs on local economic development. The empirical results suggest that the adoption of TIF programs has a significant positive effect on local employment.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. 11 no. 3
Type: Research Article
ISSN: 1096-3367

1 – 10 of over 2000