Effective Enforcement Mechanisms Research Articles

Navigating digital financial exclusion: legal imperatives for disabled people in China

This paper examines the barriers hindering access to digital financial services for individuals with disabilities in China and proposes strategies to address these challenges. Despite rapid growth in inclusive digital finance, practical experience reveals uneven coverage, leading to digital exclusion and discriminatory practices. Barriers include limited access to digital infrastructure, standardised financial products neglecting diverse needs, and insufficient financial education. Moreover, legal safeguards exhibit notable deficiencies, lacking the incorporation of accessibility requirements and effective enforcement mechanisms. Therefore, strengthening legislative, enforcement, and judicial safeguards is essential. Proposed measures include integrating accessibility provisions into financial laws, developing tailored regulatory mechanisms, and enhancing judicial interpretations. These efforts will improve accessibility and foster a digitally enriched quality of life for individuals with disabilities in China.

The Effect of Macroprudential Policies on Financial Stability

Purpose: The general objective of the study was to investigate the effect of macroprudential policies on financial stability. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the effect of macroprudential policies on financial stability. Preliminary empirical review revealed that macroprudential policies were crucial in mitigating systemic risk and enhancing financial stability. It found that tailored approaches, considering specific economic conditions, were necessary for these policies to be effective. Coordination with other regulatory measures and continuous adaptation to evolving financial landscapes were also essential. The research highlighted the importance of robust regulatory institutions and effective enforcement mechanisms, particularly in emerging markets, to address challenges such as regulatory capture and limited institutional capacity. Overall, the study emphasized the need for a dynamic and adaptable macroprudential regulatory framework to maintain a stable and resilient financial system. Unique Contribution to Theory, Practice and Policy: The Financial Stability Hypothesis, Regulatory Capture Theory and Agency Theory may be used to anchor future studies on macroprudential policies on financial stability. The study recommended adopting a comprehensive macroprudential regulatory framework that integrated various tools to address systemic risk. It suggested enhancing theoretical models to understand the dynamic effects of these tools and their combined impact. Practical recommendations included building strong regulatory institutions, improving data collection, and enhancing international cooperation and information sharing. Policy recommendations emphasized clear and transparent frameworks, regular policy reviews, and considering potential unintended consequences. Engaging with stakeholders to address concerns and ensure balanced regulation was also advised to support sustainable economic growth while maintaining financial stability.

OF WAR AND INTERNATIONAL INVESTMENT LAW

AbstractIn the past decade, the practice of investor–State arbitral tribunals addressing investment protection in the context of armed conflict and military occupation has expanded. This has prompted a growing interest in the relationship between international investment law and international humanitarian law (IHL), two regimes with markedly different relationships to war—IHL more pragmatic and international investment law more idealistic. This article argues that, while its lack of pragmatism might render international investment law ineffective in changing how war is conducted, it is the regime under which States are most likely to be held liable for the conduct of war. This is a result of its more robust primary obligations, more effective enforcement mechanisms and large awards of damages. Nevertheless, comparing international investment law and IHL does also reveal some similarities—the legacy, it is argued, of a time when the laws of war were more about protecting private property and neutral commerce than civilians. Putting these two regimes together in this way exposes international law's uneven distribution of protection in war.

Peran Hukum Administrasi Negara dalam Penyelesaian Penyalahgunaan Wewenang yang Menimbulkan Kerugian Negara

This study explores the role of administrative law in addressing cases of abuse of authority resulting in state losses. In the context of the background, abuse of authority by government officials can lead to significant financial losses for the state. The primary research question posed is how administrative law can be utilized to resolve such cases of abuse of authority, and what contribution it makes to preventing and combating these practices in the future. The research methodology involves document analysis, case studies, and relevant literature review. The reported findings in this article indicate that administrative law plays a crucial role in upholding justice and accountability in handling cases of abuse of authority, by providing a clear legal framework and effective law enforcement mechanisms. The conclusion drawn from this article emphasizes the importance of implementing robust administrative law to prevent and address abuses of authority, as well as the need for collaboration between law enforcement agencies and the government to ensure integrity and transparency in governance.

Planning in Ghana: analysis of the various forms of professional misconduct from the perspective of professional planners

ABSTRACT A study of 46 professional planners across Ghana, found that 60% of those interviewed are unaware of the prescribed codes of ethics. Respondents identified prevalent forms of professional misconduct including bribery, corruption, and unfair dealing among others. Factors contributing to this misconduct are political interference, weak enforcement of ethics codes, poor working conditions, and low incomes. The participants of the study also identified that unethical behaviour among planners can result in the development of unapproved structures, encroachment on ecologically sensitive areas, and low confidence in the planning system. The study suggests the need for a more comprehensive ethical code of conduct for professional planning practice in Ghana with effective enforcement mechanisms.

Advancing Environmental Sustainability: A Quantitative Assessment of Legal Frameworks and Policy Efficacy

This study conducts a comprehensive quantitative assessment of the effectiveness of environmental laws and policies in addressing global environmental challenges. Through a meticulous comparative analysis of environmental legislation across the United States, Germany, Brazil, and China, we explore the diverse legal architectures and their impacts on air and water quality, biodiversity conservation, and climate change mitigation. Employing sophisticated econometric models, including linear and logistic regression, Poisson regression, and difference-in-differences analysis, alongside system dynamics modeling, we quantitatively evaluate the relationship between policy instruments, technological innovation, and international agreements on environmental outcomes. Our findings reveal significant correlations between stringent environmental laws, effective enforcement mechanisms, technological advancements, and improved environmental quality. However, the analysis also underscores the need for adaptive policy frameworks, enhanced international cooperation, and increased policy ambition to meet global sustainability targets. This study contributes to the environmental law and policy discourse by providing evidence-based insights into the roles and impacts of legal and policy instruments in fostering environmental sustainability.

Unveiling the ESG-dividend nexus: the moderating role of investor protection and regulatory enforcement

PurposeThe mounting focus on environmental, social and governance (ESG) factors in business has sparked substantial curiosity in understanding the nexus between ESG and the companies’ strategic decisions. This study aims to investigate the influence of firms’ ESG disclosure scores on their dividend payout. Furthermore, it examines the nuanced dynamics of this relationship by exploring the moderating role of the country’s investor protection regulations and regulatory enforcement.Design/methodology/approachThis study uses pooled ordinary least square regression with year, industry and country effects. It analyzes a balanced panel data set of 192 non-financial firms drawn from the primary equity indices of BRICS nations. This study examined the data of six years spanning 2015–2020.FindingsThe findings discover a significantly positive relationship between ESG scores and dividend payout ratio, conveying that firms with higher ESG scores allocate more of their profits as dividends. Furthermore, the finding reveals that country-level robust investor protection and effective regulatory enforcement mechanisms undermine the positive association between ESG ratings and payouts of dividends, suggesting that the ESG disclosure of firms operating in a setting characterized by enhanced investor safeguards and stricter regulatory oversight will exert less influence on their dividend decisions.Originality/valueTo the best of the authors’ knowledge, this is the first study to concentrate on the ESG–dividend nexus in the BRICS countries. Furthermore, this study used each country’s investor protection index and regulatory enforcement scores to comprehend the influence of country-level legal frameworks in shaping the relationship between ESG and dividend decisions, thus adding value to the existing literature on corporate sustainability.

Concept of Titles and Its Relevance in Present Legal System

The title is a crucial aspect of the Indian criminal system, serving as a foundation for property possession and rights. It is a piece of criminal evidence or documentation that establishes ownership or interest in assets, property, or rights. In the current criminal framework, the title has significant implications for civil law, asset transactions, and financial activities. One of the primary functions of a title is to provide clear proof of ownership, conferring legal recognition, and protection of property rights. It serves as a tangible manifestation of possession, allowing people or entities to assert their claims over specific properties. Title documentation serves as an essential instrument for establishing and validating ownership, facilitating transactional transactions, and resolving disputes regarding property rights. In the Indian legal context, property titles are essential for facilitating economic growth, attracting investments, and promoting development projects. Investors, developers, and financial institutions rely on the integrity and validity of property titles to assess risks, allocate resources, and execute transactions. A clear and consistent system of name registration and transfer complements market performance, promotes investor confidence, and stimulates monetary interest. However, the concept of name in the Indian criminal system faces challenges such as disputes over a name, obstacles, fraudulent practices, and faulty documentation. These issues can lead to prolonged legal battles, financial losses, and uncertainties for the stakeholders involved. Therefore, there is an urgent need for comprehensive criminal frameworks, effective enforcement mechanisms, and dispute decision mechanisms to uphold the integrity of property titles. The Indian legal system has enacted several laws and policies to ensure the integrity and validity of property titles, such as the Transfer of Property Act, of 1882, and the Registration Act, of 1908. These guidelines prescribe methods for the transfer, registration, and enforcement of property titles, promoting the defense of ownership rights and stopping fraudulent practices.

Examining Factors Affecting Presumptive Tax Voluntary Compliance (A Case Study in Gedeo Zone)

This research study aimed to analyze the factors influencing presumptive tax voluntary compliance in Gedeo Zone. The dependent variable, presumptive tax voluntary compliance, was examined in relation to various independent variables including collection enforcement, tax evasion, taxpayers' awareness, existence of corruption, tax incentives, transparency and fairness, and a supportive tax environment. A positivism research philosophy was adopted, utilizing a quantitative research approach and a cross-sectional research design. Primary data was collected through a Likert scale questionnaire from 318 targeted category "C" taxpayers. The findings of the ordered logistic regression indicated that collection enforcement, taxpayers' awareness, tax incentives, transparency and fairness, and a supportive tax environment have a statistically significant and positive influence on presumptive tax voluntary compliance in Gedeo Zone. Conversely, tax evasion and the existence of corruption were found to have a negative and statistically significant impact on taxpayers' compliance with presumptive tax. In conclusion, this study highlights the importance of implementing effective collection enforcement mechanisms, enhancing taxpayers' awareness programs, tax incentives, promoting transparency and fairness, and creating a supportive tax environment to enhance presumptive tax voluntary compliance. Furthermore, efforts should be made to tackle tax evasion and address issues related to corruption in order to improve compliance rates. The results of this study will aid policymakers and tax administrators in formulating strategies to enhance presumptive tax compliance in Gedeo Zone and potentially inform similar tax systems in other regions.

Tracing the Continued Existence of Ulayat Land: Granting Management Rights in the Context of Protecting the Rights of Indigenous Peoples

AbstractThe issue of granting management rights over ulayat land to third parties is still being debated. Management rights originating from communal land are contrary to the concept of the management right itself. Management rights, which are part of the authority of State control rights, are contradicted by management rights that can originate from ulayat land because indigenous peoples have ulayat rights on the ulayat land. For ulayat land that still has the status of ulayat rights of indigenous peoples, if given management rights, the ulayat rights must be released by the indigenous peoples. Thus, the communal land becomes free state land. The granting of management rights on ulayat land is becoming increasingly relevant and complex. Several changes related regulations have raised significant questions regarding the existence of ulayat land and its impact on the sustainability of the lives of indigenous peoples. To accelerate the economy, the government needs to pay attention to the ulayat rights of indigenous peoples over their ulayat land and ensure that these rights are protected and respected. The government also needs to ensure that effective national law enforcement mechanisms are in place to resolve ulayat land disputes. As a result of the granting of HPL on ulayat land, legal uncertainty arises. The existence of ulayat land for indigenous peoples is very important in maintaining the identity, culture, and sustainability of indigenous peoples. Ulayat rights protect the rights of ownership and management of communal land by indigenous peoples so that they can continue cultural practices, traditions, and customs that have existed since the time of their ancestors.Keywords: Management Rights; Ulayat Land; Indigenous People.

Institutional Financial Consumer Protection in Czech Republic and Poland: Differences, Strengths, Weaknesses, and Challenges

Abstract The financial market plays a crucial role in economic growth, but it also poses risks to consumers, who may not have the expertise to navigate its complexities. This article examines the importance of consumer protection in the financial market and the legal background for regulation, including the stable and effective institutional set-up of consumer protection in Poland and the Czech Republic. It also discusses various initiatives that have been implemented to safeguard consumers in the financial market, such as regulations and policies designed to prevent deceptive practices and fraudulent behaviour. Finally, the article highlights the challenges facing consumer protection in the financial market regarding the institutions dealing with it, including the need for more effective enforcement mechanisms.

Monitoring the independence of the media regulatory body as an effective enforcement mechanism for the implementation of the AVMSD

The revised Audiovisual Media Services Directive (AVMSD) has brought about the long-awaited policy shift towards making the independence of regulatory bodies an explicit European legal requirement. At the same time, even on the points that it does regulate in detail, the AVMSD leaves many issues unresolved. Ultimately, it does not put the European Commission in a position either to verify whether national authorities are taking truly unbiased and impartial decisions or to enforce that they do.

ANALYSIS OF LEGAL PROTECTION OF BANKING CUSTOMER DATA IN REVIEW OF LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION

The protection of banking customer data is increasingly important along with the advancement of information technology and the adoption of electronic banking services by the public. Although Law No. 8/1999 on Consumer Protection (UUPK) already exists, it only regulates consumer protection in general and does not specifically regulate the protection of banking customer data. In practice, the implementation of the GCPL is also limited due to the lack of sanctions for customer data breaches. Therefore, this paper examines the international standard personal data regulation that refers to the General Data Protection Regulation (GDPR) to understand more about customer data protection. This paper aims to analyze the legal protection provided to banking customer data in the context of Law No. 8/1999 on Consumer Protection. By examining the provisions of the law, this paper attempts to evaluate the extent to which the existing regulations have been able to effectively protect banking customer data. The analysis shows that although Law No. 9/1999 provides a legal basis for consumer protection in general, the specific protection of banking customer data still needs to be strengthened through more specific regulations and more effective law enforcement mechanisms

A Proposal to Address Problem of Non-Compliance With The World Trade Organization Dispute Settlement Body Rulings

Objective: This study aims to analyze the problems of non-compliance with several of the rulings of the Dispute Settlement Body of the World Trade Organization and how to overcome the problem to increase the effectiveness of the WTO Law. Methods: This research is normative legal research. The study uses secondary data consisting of primary and secondary legal materials. The data were analyzed by using qualitative method, and conclusions are drawn by deductive method. Result: Some of the WTO DSB rulings have status the compliance proceedings is completed with findings of non-compliance. It meant that some of the WTO DSB rulings were not implemented. This could result in decreased the compliance with the WTO Law and further to hamper the achievement of the WTO objectives. Conclusion: The weakness of the enforcement measures led to non-compliance with some of the DSB WTO rulings. This paper proposes to strengthen the enforcement mechanism to overcome the problem of non-compliance with the WTO DSB rulings through the application of monetary compensation sanctions, temporary prohibition to make complaints and the establishment of WTO DSB rulings enforcement body. An effective WTO law enforcement mechanism was needed to increase international trade and World economic growth, so it was important in achieving the development program goals, including the Sustainable Development Goals.

Mass migration governance and openness toward refugees: Comparing Germany and Turkey

AbstractThis study seeks answers to the question: ‘Under what conditions do communities with migration experience in refugee‐receiving states become more open toward accepting more refugees and why?’. The research seeks answers to this question by examining the attitudes of individuals (N = 37) from Turkey who have been living in Germany for at least a year and who have sufficient familiarity with the characteristics of governance of mass migration in both countries. The findings suggest that the respondents are more pessimistic about the consequences of Turkey accepting more refugees in the future, while they are optimistic about the outcomes of the arrival of more refugees in Germany. This study posits that receiving communities' perceptions about the host state's regulatory and institutional capacity in managing mass migration and integration of refugees shape their attitudes toward the possibility of the influx of more refugees over time. The findings indicate that efficient mass migration governance in a receiving state is identified through four characteristics: (i) admission of educated refugees, (ii) proper refugee registration procedures, (iii) systematic integration processes, and (iv) effective monitoring and law enforcement mechanisms. The study concludes that local communities view public authorities as the key actors in managing the consequences of mass migration and establishing and sustaining good mass migration governance at the receiving state level is likely to facilitate positive attitudes towards accepting more refugees.

A Study on the Linkage Between China's Commercial Mediation System and the Singapore Mediation Convention

In order to establish a unified and effective cross-border enforcement mechanism to promote the efficient development of international commercial activities, the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Mediation Convention” or “The Convention”) officially entered into force on September 12th, 2020. The Convention for the first time explicitly provides for the direct enforceability of settlement agreements, addressing the issue of cross-border enforcement of such agreements. It improves the system of diversified dispute resolution mechanisms including litigation, arbitration, and mediation. As one of the first signatory countries of the Convention, China has expressed its goal and determination to establish an international commercial mediation system. In recent years, Chinese scholars have made rich research achievements on this subject, but China lacks legal norms for commercial mediation and corresponding mediation procedures still need to be developed. The implementation and enforcement of the Convention will pose new challenges to the legislation and institutional construction of commercial mediation in China. This article starts from the current status of the commercial mediation system and the Convention, combines the difficulties of China's existing mediation system, and puts forward reflections and suggestions on the institutional linkage of the Convention. This article is divided into five parts: the first part analyzes the current status of the commercial mediation system, summarizes its origin and development, studies the characteristics of the Convention, and discusses the significance of China's signature of the Convention. The second part summarizes the current status of commercial mediation in China and analyzes the issues of inconsistency and difficulty in aligning China's current commercial mediation system with the Singapore Mediation Convention. The third part explains the necessity and legitimacy of aligning China's current system with the Convention. The fourth part points out the realistic dilemmas of aligning the Convention based on the current development status of China's commercial mediation system. The fifth part presents reflections and suggestions on the dilemmas.

Perceptions, barriers and enablers on salt reduction in the out-of-home sectors in Malaysia (MySaltOH) from the perspective of street food vendors, caterers and consumers.

To explore the perspectives, barriers and enablers on salt reduction in out-of-home sectors in Malaysia among street food vendors, caterers and consumers. A qualitative study involving twenty-two focus group discussions and six in-depth interviews was conducted, recorded and transcribed verbatim. An inductive thematic analysis approach was employed to analyse the data. Two in-depth interviews and twenty-two focus group discussions were conducted face-to-face. Four in-depth interviews were conducted online. Focus group discussions were conducted among twenty-three street food vendors, twenty-one caterers and seventy-six consumers of various eateries. In-depth interviews were conducted among two street food vendors and four caterers, individually. Consumers and food operators perceived a high-salt intake within Malaysia's out-of-home food sectors. Food operators emphasised the necessity for a comprehensive salt reduction policy in the out-of-home sector involving all stakeholders. Consumers faced limited awareness and knowledge, counterproductive practices among food operators and challenges in accessing affordable low-Na food products, whereas food operators faced the lack of standardised guidelines and effective enforcement mechanisms and uncooperative consumer practices. Both groups expressed that food quality and price of salt were also the barriers, and they advocated for awareness promotion, enhanced regulation of manufactured food products and stricter enforcement targeting vendors. Consumers also suggested promoting and recognising health-conscious food premises, whereas food operators suggested on knowledge enhancement tailored to them, strategies for gaining consumers acceptance and maintaining food quality. These findings provide valuable insights that serve as foundational evidence for developing and implementing salt reduction policies within Malaysia's out-of-home sectors.

Road Accident and Safety Issue in Bangladesh: A Critical Review

Road accidents are a major public health concern in Bangladesh, causing significant harm to individuals and society as a whole. Despite various initiatives taken by the government, the number of road accidents continues to increase, highlighting the need for a legal approach to address this issue. This study aims to analyze the current legal framework in Bangladesh with regards to road safety and identify potential areas for improvement. The study found that the current legal framework in Bangladesh contains several provisions aimed at promoting road safety, including the Bangladesh Road Transport Act, the Bangladesh Road Transport Corporation Act, and the Bangladesh Road Transport Authority Act. However, these laws lack effective enforcement mechanisms, and there is limited accountability for those who violate traffic rules. This has led to widespread flouting of traffic regulations and a high incidence of road accidents. The study recommends the introduction of stricter penalties for those who violate traffic rules, including fines and imprisonment. It also suggests the establishment of an independent road safety commission to monitor compliance with traffic rules and to ensure effective implementation of road safety measures. The commission should have the authority to investigate road accidents and to take appropriate actions against those found responsible persons. Additionally, the study recommends the introduction of mandatory training programs for all drivers and the provision of better infrastructure and technology to support road safety. This may include the installation of traffic lights and speed cameras, as well as the use of innovative technologies such as GPS-based monitoring systems. In conclusion, a legal approach is crucial in addressing the problem of road accidents in Bangladesh. By introducing stricter penalties, establishing an independent road safety commission, and investing in road safety infrastructure and technology, the government can help to reduce the number of road accidents and save lives. Further research is needed to understand the impact of these measures and to identify additional ways to promote road safety in Bangladesh.

Effect of Tax Evasion and Avoidance on Economic Development of Grassroots in Nigeria

This study investigates the impact of tax evasion and avoidance on the economic development of grassroots communities in Nigeria. Taxation is a fundamental component of public finance and is instrumental in supporting socio-economic development. However, the extent to which tax evasion and avoidance affect the economic well-being of grassroots communities has received limited attention in the literature. The study adopted descriptive research method technique. The findings from this research reveal the multifaceted nature of this relationship. Tax evasion is shown to reduce government revenue, exacerbate income inequality, and undermine governance, all of which have adverse effects on the economic development of grassroots communities. Conversely, the impact of tax avoidance is more complex, as it can stimulate investments but also erode government revenue when practiced excessively. It was therefore, recommended the importance of addressing tax evasion and avoidance issues in Nigeria, especially concerning grassroots economic development. It emphasizes the need for more effective tax policies and enforcement mechanisms that promote compliance while encouraging legitimate investment.

Road Accident and Safety Issue in Bangladesh: A Critical Review

Road accidents are a major public health concern in Bangladesh, causing significant harm to individuals and society as a whole. Despite various initiatives taken by the government, the number of road accidents continues to increase, highlighting the need for a legal approach to address this issue. This study aims to analyze the current legal framework in Bangladesh with regards to road safety and identify potential areas for improvement. The study found that the current legal framework in Bangladesh contains several provisions aimed at promoting road safety, including the Bangladesh Road Transport Act, the Bangladesh Road Transport Corporation Act, and the Bangladesh Road Transport Authority Act. However, these laws lack effective enforcement mechanisms, and there is limited accountability for those who violate traffic rules. This has led to widespread flouting of traffic regulations and a high incidence of road accidents. The study recommends the introduction of stricter penalties for those who violate traffic rules, including fines and imprisonment. It also suggests the establishment of an independent road safety commission to monitor compliance with traffic rules and to ensure effective implementation of road safety measures. The commission should have the authority to investigate road accidents and to take appropriate actions against those found responsible persons. Additionally, the study recommends the introduction of mandatory training programs for all drivers and the provision of better infrastructure and technology to support road safety. This may include the installation of traffic lights and speed cameras, as well as the use of innovative technologies such as GPS-based monitoring systems. In conclusion, a legal approach is crucial in addressing the problem of road accidents in Bangladesh. By introducing stricter penalties, establishing an independent road safety commission, and investing in road safety infrastructure and technology, the government can help to reduce the number of road accidents and save lives. Further research is needed to understand the impact of these measures and to identify additional ways to promote road safety in Bangladesh.