Hasil untuk "Public law"

Yunpeng Zhang, Fan Wang, Lijian Wei

Abstract This study explores the impact of personality traits on credit decisions in the context of online lending, utilizing mobile data to construct indicators of conscientiousness and neuroticism. We find that highly conscientious individuals have a lower probability of borrowing and defaulting, while those with high neuroticism are more likely to borrow and face higher default risk. Specifically, neuroticism plays a crucial role in impulsive borrowing, whereas conscientiousness significantly reduces the likelihood of default through diligent repayment willingness. This paper also reveals the moderating effects of self-control, family support, consumption amount, and loan amount on the influence of personality traits in credit decision-making. These findings highlight the psychological mechanisms of personality traits in credit decisions and provide practical implications for financial institutions to improve risk management and decision-making processes.

Fei Gao, Peiqing Guo

Abstract As climate change and evolving international dynamics shape the Arctic, governance in the region is attracting heightened attention from major global stakeholders. Arctic governance is a broad concept that encompasses political, economic, legal, and security dimensions, with the overarching goal of fostering peace, stability, and sustainable development in the region. Presently, Arctic governance faces a range of intertwined risks, including environmental, geopolitical, legal, and structural governance challenges, each posing significant obstacles. Understanding the policies and practices of key Arctic stakeholders is crucial for discerning trends in governance evolution. Analyzing the policies and practices of Arctic and non-Arctic states, the European Union, and non-state actors reveals their significant influence on the governance landscape. This landscape reflects the interaction between traditional and non-traditional security concerns. Since the end of the Cold War, Arctic governance has shifted from “securitization” to “desecuritization,” with a recent trend toward “re-securitization,” highlighting a renewed focus on security issues. In this context, the fragmented nature of Arctic governance mechanisms is likely to give rise to a multi-level, multi-nodal heterarchy model. The traditional Arctic governance framework will be deconstructed by increasingly diverse, dynamic, and interdependent governance patterns. Given the constraints of strategic resource misallocation, the harshness of the geographical environment, and institutional limitations, geopolitical competition in the Arctic remains inherently constrained, which reduces the likelihood of conventional warfare. However, the potential risks associated with hybrid warfare are growing. In this situation, all Arctic stakeholders should actively fulfill their responsibilities, enhance dialogue and consultation, fully respect the legitimate interests of all parties, and work collectively toward a more stable and cooperative Arctic governance framework.

Moslem Ghezelbigloo, Rohallah Rahimi, MEHDI Sheikh Movahed

Citizens' participation is not a new concept, but it has become much more important during recent decades, due to the occurrence of violations such as administrative corruption crimes. In general, citizens have not only the right but also the duty to participate in decisions that affect their general welfare. This participation, while being a moderator of the ruling power, helps to deal more appropriately with cases of administrative corruption. embezzlement as one of the economic crimes that violates public trust towards the government has been recognized in various domestic and international documents throughout history. The objectives pursued in this research are to identify national bases and international public participation in the prevention of administrative corruption by emphasizing embezzlement and identifying their differences with each other. The results of the present research indicate that there are differences between the domestic and international anti-embezzlement frameworks, such as the lack of criminalization of embezzlement in the private sector, as well as the lack of provision for the mechanism of international judicial assistance in the field of embezzlement, lack of It is worth mentioning the detailed explanation of whistle-blowing regulations regarding the fight against embezzlement in Iran's internal law, in contrast the regional to international nature of anti-embezzlement rights and the lack of guarantee of effective implementation at the international level to fight embezzlement

Niamh Guiry

The conceptualisation of sustainable development has evolved from a seemingly ambiguous term to a focused suite of non-binding global objectives known as the Sustainable Development Goals (SDGs). The relationship between the SDGs and related subfields of international law could be taken as an example of a novel regime interaction, but how can one theorise and decipher the normative interactivity that may be taking place? Building upon the work of Oran R. Young concerning institutional linkages in international society, this article introduces an analytical lens through which the SDG-international law interconnections can be analysed. The following six types of ‘institutional linkages’ are used to explore and elucidate the potential normative effect of the SDGs on the elaboration, implementation, and interpretation of international law: 1) Embedded, 2) Nested, 3) Clustered, 4) Overlapping, 5) Negating, and 6) Sectional.

Faradina Zevaya, Manuel David Cruz, Fauzi Syafriel et al.

The Indonesian Central Government has granted local governments greater autonomy and authority in resource management, a process called decentralization. The impact of macroeconomic factors on regional autonomy in Jambi Province following fiscal decentralization explores how decentralization empowers local governments to optimize local income. The Financial Relations Law (UU HKPD) underscores the importance of local taxing Power for local administrations. Methodologically, this study utilizes panel data regression to investigate the influence of macroeconomic variables on regional autonomy. The qualitative analysis method is also employed to formulate policy strategies for enhancing local taxing Power. Results reveal some macroeconomic variables have a significant effect on regional autonomy. These are some recommendations to strengthen regional autonomy in Jambi Province, such as the identification of leading sectors regarding income tax, enhancement of supervision and law enforcement, taxpayer education, improvement of public service quality, the establishment of tax collection task forces, and innovation in tax administration.

Fátima Castro Moreira

Portugal’s ratification of the United Nations Convention on the Law of the Sea in 1997 brought with it the need to create an appropriate strategy to assist policy makers. This was done by the Strategic Commission for the Oceans, an entity created in 2003 with the aim of promoting a strategic plan based on the sustainable use of the ocean and its resources. More than a place allowing different uses and activities, the ocean itself should be seen as the most valuable natural resource and should be protected, preserved and valued. The political model proposed by the report suggested the creation of a specialised Council of Ministers dedicated to the formulation of policies and planning guidelines, and to the coordination of the integrated management of the sector, which together with an entity of a predominantly technical nature, reach a definition of a global policy for the sea composed of a national strategy, the regular evaluation of sea affairs and the coordination of sectoral policies. This paper begins with the analysis of this strategic reference as a governance model, articulating the intersections between the various actors. A current approach requires this governance model to be multi-level: global, continental/regional, and domestic/local.

Lillian Mhuru

Gender equality is something that the human race has been struggling with since time immemorial. No country has achieved gender equality despite the legislative, social, and economic gains for women. Therefore, modern society likes to blame certain groups, such as religion for the gender inequalities which are faced, more than others. The main focus of this study is to evaluate the role of religious leaders in promoting gender equality through the legislation and religious texts in Zimbabwe. The study further explores how certain religious norms and practices can be modified through religious texts to accommodate women in achieving gender equality. The paper acknowledges that religious leaders have a greater responsibility to standup, speak and act with and on behalf of those with less power, such as the marginalized and discriminated against, including exploited planet Earth. The paper seeks to foreground how certain traditional religious practices and norms have exacerbated gender inequality in Zimbabwe, despite the laws that have been enacted by the government of Zimbabwe to promote gender equality. The data for the paper was gathered through observations and semi-structured interviews conducted with both religious leaders and women to establish how religious norms and practices directly or indirectly affect women and how they can be modified to achieve gender equality in Zimbabwe. The data gathered was analysed through descriptive data analysis. The paper concludes by recommending that religious leaders should be thoroughly trained on how to promote gender equality through religious texts and legislation. Contribution: The article evaluated the role of religious leaders in promoting gender equality through legislation and religious texts in Zimbabwe. It argued that religious leaders have a higher need to support, advocate and act on behalf of individuals who are marginalised and subjected to discrimination on planet Earth. Hence, its contribution was in promoting gender equality through religious texts and legislation in Zimbabwe for sustainable development.

Oliver J. Canfell, Zack Kodiyattu, Elizabeth Eakin et al.

Abstract Background Global public health action to address noncommunicable diseases (NCDs) requires new approaches. NCDs are primarily prevented and managed in the community where there is little investment in digital health systems and analytics; this has created a data chasm and relatively silent burden of disease. The nascent but rapidly emerging area of precision public health offers exciting new opportunities to transform our approach to NCD prevention. Precision public health uses routinely collected real-world data on determinants of health (social, environmental, behavioural, biomedical and commercial) to inform precision decision-making, interventions and policy based on social position, equity and disease risk, and continuously monitors outcomes – the right intervention for the right population at the right time. This scoping review aims to identify global exemplars of precision public health and the data sources and methods of their aggregation/application to NCD prevention. Methods The Preferred Reporting Items for Systematic Reviews and Meta-Analyses extension for scoping reviews (PRISMA-ScR) was followed. Six databases were systematically searched for articles published until February 2021. Articles were included if they described digital aggregation of real-world data and ‘traditional’ data for applied community, population or public health management of NCDs. Real-world data was defined as routinely collected (1) Clinical, Medication and Family History (2) Claims/Billing (3) Mobile Health (4) Environmental (5) Social media (6) Molecular profiling (7) Patient-centred (e.g., personal health record). Results were analysed descriptively and mapped according to the three horizons framework for digital health transformation. Results Six studies were included. Studies developed population health surveillance methods and tools using diverse real-world data (e.g., electronic health records and health insurance providers) and traditional data (e.g., Census and administrative databases) for precision surveillance of 28 NCDs. Population health analytics were applied consistently with descriptive, geospatial and temporal functions. Evidence of using surveillance tools to create precision public health models of care or improve policy and practice decisions was unclear. Conclusions Applications of real-world data and designed data to address NCDs are emerging with greater precision. Digital transformation of the public health sector must be accelerated to create an efficient and sustainable predict-prevent healthcare system.

ضياء فتحى العدل

يهدف هذا البحث إلى تقدير أثر النمو الاقتصادى على البطالة فى الحالة المصرية، باستخدام بيانات الفترة 1991-2019. وذلک عن طريق تقدير معامل "أوکيون" فى إطار مقارن مع بعض دول منطقة الشرق الأوسط، ثم يحاول البحث فى مرحلة ثانية أن يفسر الانخفاض النسبى فى قيمة معامل "أوکيون" فى الحالة المصرية. وتوصل البحث إلى معنوية العلاقة العکسية بين النمو والبطالة فى جميع دول العينة، مع تفاوت بينها فى قوة تأثير النمو على البطالة. وجاءت قيمة معامل "أوکيون" فى الحالة المصرية فى مستوى شديد الانخفاض بالنسبة لدول العينة، حيث اتضح أنه بزيادة معدل النمو الاقتصادى فى مصر بنسبة 1%، تنخفض نسبة البطالة بحوالى 0.156 %. وتوصل البحث أيضاً إلى أن العنصر الأکثر تأثيراً فى إضعاف أثر النمو على البطالة فى الحالة المصرية فى فترة البحث کان هو التغيير الهيکلى المتمثل فى انخفاض الوزن النسبى للقطاعات الأکثر استيعاباً للعمالة فى الاقتصاد المصرى. حيث اتضح أنه بانخفاض الوزن النسبى لتلک القطاعات بنسبة 1%، تزيد نسبة البطالة بحوالى 0.447%. ويقترح البحث، لتقوية تأثير النمو على البطالة، أن يتم تعويض الانخفاض فى الوزن النسبى لقطاع الزراعة بالعمل على زيادة الوزن النسبى لقطاع الصناعات التحويلية، إذ يُعد من أکثر القطاعات استيعاباً للعمالة، کما أنه يخدم فى مجال تنويع الصادرات، کما أن زيادة نصيبه النسبى فى الناتج المحلى الإجمالى يعد تطوراً مهماً فى مجال التنمية.

Paweł Chmielnicki, Dobrochna Minich, Radosław Rybkowski et al.

The COVID-19 pandemic has had far-reaching effects, which are primarily being felt in the functioning of the health service, the organization of social life, and the state of the national economy. It is also worth paying attention to the legal and political consequences which are less obvious and noticeable for average citizens. One of the most important is the change in legislation which entails limiting civil liberties and rights. This article is on empirical proof of how Polish legislation is reducing fundamental rights. The authorities in combatting the pandemic are not using the solutions that appear in the Polish Constitution, but use the non-constitutional form of special laws. The authors, therefore, when discussing the problem refer to US legislation and policy which has the notable example of the Patriot Act which can be interpreted as being a pretext for limiting civil liberties in the name of combating terrorism. As stated, such emergencies as the current pandemic or the threat of terrorism, are used to permanently and significantly reduce civil rights.

Sami Kalkan

Eşyanın gümrük kıymetinin belirlenmesinde tarih boyunca çeşitli etkenler rol oynamıştır. GATT VII. Maddesinin Uygulanmasına İlişkin Anlaşma ile Gümrük kıymetinin tespiti için uygulanacak yöntemler ve ilkeler kabul edilerek son halini almıştır. Yöntem ve ilkelere göre Gümrük kıymetinin belirlenmesinde asli unsur olarak eşyanın ticari işlem kıymetini esas alan satış bedeli yöntemi benimsenmiştir. Vergilendirmenin daha adil ve objektif yapılabilmesi için kıymet tespit yöntemlerinin sınırları somut olarak çizilmiş ve uygulamada meydana gelen sorunları ortadan kaldırmak için detaylı düzenlemeler yapılmıştır. Bu çalışma ile eşyanın gümrük kıymetinin tespitinde satış bedeli yönteminin uygulanması, satış bedeline dahil edilebilecek veya edilemeyecek durumlar ve satış bedeli yönteminin terk edilip bir sonraki yönteme geçilmesine neden olan durumlar irdelenmiştir.

I. A. Balyuk

The corporate bond market development is integral to increase the resilience of the Russian economy to external shocks and to build a new growth model in terms of sanctions. The purpose of the article is to analyze the current state of the Russian corporate bond market and to develop proposals for accelerating its further development considering the international experience. The proposals are based on a study of the legal base for the functioning of the international bond market, as well as modern technologies and tools that have proven to be effective in practice. As part of a comparative analysis, a hypothetical-deductive research method has been used. The author has proposed: to develop and adopt independent federal law “On Corporate Bonds”; to amend and supplement the Russian legislation on the protection of the rights of investors who purchase corporate bonds; to make trial (debut) issues in the Russian stock market for bonds denominated in foreign currencies (for example, in RMB); to expand the line of bond types, etc. It has been concluded that, despite the unfavorable external and internal conditions, there is a steady increase in the number of issuers and corporate bonds in circulation in Russia. Active bond issue in the Russian financial market in the near future will happen not only in the corporate, but also in the public segment. It will require more active involvement of individuals in purchasing government and corporate bonds as investors. Various types of institutional investors competing with banks will also be attracted. Corporate bond issue can ease the financial burden of banks and companies that have problems with refinancing their external debts. It can also help to solve the problem of financing of the Russian companies that have focused on obtaining various bank loans in order to implement their business plans. This will help to increase the supply of temporarily free monetary resources, to reduce their cost and more efficiently transform savings into investments.

Elaine Reis Brandão, Cristiane da Silva Cabral

This article discusses political setbacks related to sexual and reproductive health and rights that have occurred in Brazil in the last 5 years (2014–2018) resulting from the significant role played by Christian (Evangelical and Catholic) parliamentarians in the legislative branch. Political initiatives aimed at prohibiting the affirmation of sexual and reproductive rights, while also curtailing debate about sexuality and gender in schools and universities, have raised “moral panic” within some elements of Brazilian society. The discursive strategies used around so-called “gender ideology” stimulated the formation of civil organisations which promote morality based on right-wing political positions. For this study, we looked at official documents and bibliographic material to examine how issues related to abortion rights, health care in cases of sexual violence, the prevention of sexually transmitted infections and homosexual citizenship are currently being suppressed, compromising the defence and advancement of the sexual and reproductive rights of women and the LGBTI+ population. The results point to the steady weakening of public policies that had become law in the 1980s, a time of Brazilian re-democratisation after two decades of military dictatorship. A wide range of civil, political and social rights, which saw significant growth and consolidation over the last 20 years, were rolled back after the resurgence of the extreme right wing in the federal legislature, culminating in the election of the current president in October 2018. However, social movements have increased in strength in the last few decades, especially the black feminist and LGBTI+ rights movements. These movements continue to provide political resistance, striving to affirm and protect all sexual and reproductive rights achieved to date.

Natalia Ołówko

Artykuł ma na celu przybliżenie praw przysługujących podatnikom zawartych zarówno w ustawie zasadniczej, jak i w Ordynacji podatkowej oraz skonfrontowanie ich ze stopniem wiedzy podatników o podstawach funkcjonowania systemu podatkowego. Pokazanie, jak istotny jest problem nieświadomości społeczeństwa w kontekście znajomości podatków na podstawie wyników przeprowadzonych badań ma również zwrócić uwagę na potrzebę przeprowadzania akcji i inicjatyw edukacyjnych. Projekty tego typu, przeprowadzane głównie przez Ministerstwo Finansów i Krajową Izbę Doradców Podatkowych są niezwykle istotne i powinny zostać zintensyfikowane w ramach zwiększania świadomości podatników o obowiązkach oraz prawach, jakie im przysługują. W artykule zostają wymienione również przykłady takowych inicjatyw mających miejsce w przeszłości.

Kwabena Asiama, Monica Lengoiboni, Paul van der Molen

Resettlement resulting from dam construction has raised several concerns due to the negative aftermath impacts. In Ghana, the construction of three hydroelectric dams resulted in large-scale resettlements. Given the little experience that Ghana has in resettlements, it is necessary for a robust monitoring structure for resettlements. However, this was not available in the last resettlement undertaken for the Bui Dam Project. This paper aims at developing an assessment framework for monitoring resettlement activities on customary lands from a good governance perspective. Based on four good governance principles, transparency, public participation and inclusiveness, equity and rule of law and accountability, a good governance assessment framework is built and applied to the Bui Dam Project using a case study approach. Data were collected through interviews and focus group discussion with the key actors of the resettlement project. It was first found that the planning stage of the resettlement came out with a robust plan that was to prevent the impoverishment of the affected persons. However, in the implementation of the resettlement, not all good governance principles were adhered to. In conclusion, it was found that by deconstructing the resettlement process with a good governance framework, the problematic areas of the resettlement can be effectively differentiated between the planning and implementation phases.

Sandra Mara Campos Alves

Editorial

Mathieu Uhel

The "Bolivarian Revolution" of the president Hugo Chávez put the concept of "protagonic and participative democracy" to the centre of the transition towards the "Socialism of the 21st century". The community councils created in 2006 materializes the will of the central power to allow "the organized people to directly exercise the management of the public policies and the projects faced to answer the needs and aspirations of the communities, in regards to the construction of a society of equity and social justice" (borough council law, 2006). Since 1970, the dominant political parties had integrated the neighbour associations into the puntofijista domination structure. The objective of the constitution of the Popular power is to break with the clientelists practices inherited from the former period and to lay the foundations of a new relation between the society and the State. How does occur the reorganisation of the power relations in the political local space with the revolutionary transition of the neighbour associations to the community councils ? How the community projects decided by the community councils and financed by the State are socially distributed inside the local political space ? More generally, do the community councils take part of a process of political empowerment of the local communities ? The observations and the interviews, carried out in two barrios of the Maracaibo periphery and in the Foundation for the Development of the Community and Municipal Promotion, tend to show that if the protagonic and participative democracy opens a process of political empowerment in the development and execution of the community projects, this new political architecture is built on a subordination to the reproduction of chavista hegemony and the re-election of Hugo Chávez to the presidency of the Republic.

Robert Jastrzębski

The paper deals with legal issues connected with nominalism and valuation of liabilities. The social, economic and political transformations that were happening in Poland after the First World War had undoubtedly influenced the administration of justice. Despite the abrupt decline in the purchasing power of the Polish zloty, the courts had continued to uphold the principle of nominalism until 1922 when the ruling of the Supreme Court in the case Fliederbaum and Kuhnke supported the valuation principle, although within limits delineated between the nominal value of the monetary payment and its equivalent value in gold, i.e. an amount equal to the value in gold of the liability at the time when it was taken on. Thus, the Supreme Court left the adjudication upon the level of valuation to the discretion of relevant courts. That ruling had also a substantial impact on the judicature and law-making of other states, such as Germany, Austria or Hungary, which were faced with similar problems. Fryderyk Zoll's gloss to the ruling was of much significance as well, as it became the basis for the subsequent regulation of the valuation principle finally enacted on 14 May 1924 by a decree on the conversion of private-public liabilities, later referred to as lex Zoll. What is noteworthy is also the fact that the codification of the Polish law of obligations made in the ‘30s of the 20th century, took into account the solution of the judicature adopted during the inflation period. As a result, Article 269 of the Polish Code of Obligations of 27 October 1933 contained the rebus sic stantibus clause.

James G. March, Herbert A. Simón

Alberto López Herce