Failure Of Enforcement Research Articles

Drug market risk environment and navigational strategies of street-level dealers in Nigeria

Background Researchers have investigated drug market risks and navigational strategies of drug dealers in western societies. Less is known about this phenomenon in Africa. This study explores drug market risk environment and navigational strategies of street drug dealers in Nigeria. Methods The study uses qualitative data from in-depth interviews with street-level dealers (n = 31) recruited through snowball sampling in Uyo, Nigeria. Thematic analysis of transcripts generated three major themes (‘policing,’ ‘rivalry’ and ‘indiscretion’) as risk factors for police harassment, arrest and violence. Results Accounts identified policing, rivalry between drug dealers and indiscretion (e.g., exchanging drugs for potentially stolen items) as risk factors for police harassments, arrest and violence. Drug dealers navigate risks in different ways, including through bribing police officers, using police proxies in partisan negotiation of drug market conflicts, and non-exchange of drugs for potentially stolen items. Conclusion The findings underscore an ecological view of drug market risks where factors operating at different levels interact to shape risks, with policing featuring as an overarching macro-level risk factor. The failure of law enforcement to absolutely deter drug selling due to dealer’s navigational strategies such as informal privatization of police, indicates a need for alternative approaches to controlling street-level drug markets.

Regulatory politics and hybrid governance: the case of Brazil’s Amazon Soy Moratorium

This paper analyses the unique hybrid governance of Brazil’s Amazon Soy Moratorium (ASM) in regulating soybean production in the Amazon, where private actors have created a state-like ban on commodity production to reduce deforestation that goes beyond national law. Despite existing research regarding impact assessment, the study aims to fill knowledge gaps in explaining the ASM’s alliance-building processes, its longstanding maintenance, and its potential for regulatory replicability. Informed by the application of the Baptist and Bootlegger political economic theory of regulation and empirical data from qualitative interviews and document analysis, we provide an actor-centered explanation of the design, adoption, and maintenance of the ASM over a 19-year timeframe. Our results show how NGOs and businesses had opposite motivations and negotiated their roles to form a successful strategic alliance, reinforced by the inclusion of third parties (e.g., technical and governmental actors) to assist in its monitoring and transparency. Developed as an exclusive private market regulation, the ASM agreement, however, relies on a policy mix: private and public actors play a role in implementation, which includes assisting and relying on existing public policies, instruments, and official data. This policy mix was necessary for the ASM’s noteworthy hybrid and long-term governance. Its successful formation in 2006 was enabled by factors including an economic crisis, foreign pressure linked with national enforcement failure, and, most importantly, the Amazon scope. Our analysis shows who gains or loses from the regulatory design. Furthermore, we shed light on the biggest regulatory spillover, to the Cerrado, where the failed attempt at replicability emphasizes the regulatory uniqueness of the ASM. The study concludes with a discussion of what will help or hinder the ASM’s longevity, providing lessons for similar regulatory mechanisms on forest-risk agricultural production, such as EU’s recent Regulation on Deforestation-free Products.

Healthy Environment As A Human Right: Law Enforcement To Overcome Stunting In Children

Stunting is a chronic nutritional problem that has an impact on children’s health and the country’s economy. The government has tried to reduce stunting as a mandate of the constitution, but Indonesia is still among the third countries with the highest prevalence of stunting in the world. This study aims to analyze the views of human rights for children with stunting and formulate efforts to uphold human rights against the problem of stunting. The type of research used is normative legal research. The legal materials collected was analyzed qualitatively by explaining the existing theories logically, systematically to get significant and scientific results. The results of the study showed that the high prevalence of stunting as evidence of government failure in law enforcement against the problem of malnutrition. Ignoring children’srightsis a form of human rights violations committed by the state. Another factor that has an influence on stunting is the environment, where if the environment where the child lives does not implement healthy living behavior, then automatically the child's health condition will be disturbed, including nutritional problems and stunting. Need to regulate the law related to stunting as a manifestation of state responsibility in upholding children’s rights. Prevention and handling of stunting is carried out holistically in various sectors with commitment and synergy between the central/regional government, parents, family and community.

Implementing Legislation A Priory Assertion to Rule of Law in Bangladesh

The constitution of Bangladesh contains a plethora of laws to maintain peace and security in the society through establishing the rule of law. The judiciary of the country is independent since 2007 but to some extent, the judiciary is being controlled by executive authorities. Therefore, a legislative procedure does not stop once a bill becomes law but the role of legislators comes to an end in the context of Bangladesh in many ways, although law must be put into effect or implemented by law enforcement authorities. Not surprisingly, Bangladesh has a praiseworthy legislative body and the legal system is designed by following the British legal system. But there is no such body or specific mechanism to monitor the ways of implementing legislation, the reason behind this may be administrative weakness or absence of a permanent mechanism for the same. In most cases, there is law but an absence of rule of law. The paper will endeavor to assess the procedure of enforcing and implementing legislation. In the light of the present legal system, administrative procedure, and the role of law enforcing agencies will be discussed. In the second wave, the paper will analyze the approximate reasons behind the failure of proper enforcement and implementation of laws. Finally, it will critically evaluate the needs of a particular monitoring mechanism as well as possible reformation strategies to implement legislation, their adequacy, and the role of parliament with the citizen of the country to abolish the culture of impunity to establish rule of law.

Child Trafficking in Africa: Reimagining the Problem

Current perspectives on the intractability of child trafficking in Africa considers the problem as a failure of law enforcement or a lack of political will by state actors. In response, these works tend to suggest the need for strengthened institutional mechanisms as a preventative measure to curb the problem. We contend however, that this perspective does not fully appreciate the seeming detachment of civil society in Africa regarding the plight of children. In light of this, we argue that an examination of child trafficking as an intractable human rights problem ought to first, interrogate how childhood is viewed in the continent. Such interrogation creates the possibility of reimagining the problem by observing the lived realities of children in Africa and the (in)ability of society to keep track with their humanity. Further, we propose the need to memorialize the harms that children in Africa have been exposed to in the past and present through commemorative markers, as a means of appreciating the precarity of childhood in the continent. We reason that doing so will create a stronger sense of responsibility for state and civil society towards children and potentially curb child trafficking.

Yugo Wars: A Case Study on the Peacekeeping Efforts in Bosna-Hercegovina

This article is an examination of the history of ex-Yugoslavia, more specifically the region of Bosnia and Herzegovina (BiH) and its immediate neighbors. A brief history of imperialism, religious influence, and the impact of the World Wars within BiH will lead to a discussion on nationalist-separatism and Balkan independence movements. The article focuses on the drive behind, and the outcome of, the 1992 war within BiH that stemmed from BiH’s desire to be independent from Yugoslavia. The primary perspectives within the article are that of the Bosniaks, Croats, and Serbs. Outside actors such as Serbia, Russia, the United States, Pakistan, the Organization of Islamic Conference (OIC), Muslim terrorist organizations, the United Nations (UN), and North Atlantic Treaty Organization (NATO) will also be discussed to capture the various stakes and goals of the war. This will transition into a detailed breakdown of various UN and NATO missions, as well as their impact on the citizens and factions within BiH. The missions analyzed within this article will be the Dayton Peace Accords, the United Nations Mission in BiH (UNMIBH), the Stabilization Force (SFOR), the United Nations Protection Force (UNPROFOR), Implementation Force (IFOR), and the European Union Force (EUFOR). Transparency in BiH between parties to the conflict, the success or failure of peace enforcement, and the provision of effective rehabilitation assistance by the international community will be put into question. The article’s conclusion will analyze the value of peacekeeping within BiH as well as address the lasting social/emotional impact on the BiH community.

FUNGSI AUDIT INVESTIGATIF PADA BUMN PERSERO UNTUK MENGHITUNG KERUGIAN NEGARA DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

This study aims to discover the new role of investigative audit in BUMN Persero in calculating state losses in the perspective of positive law and Islamic law. The results of the study indicate that the investigative audit function of BUMN Persero to calculate state losses can be used as evidence. This makes the determination of state losses an important matter to determine whether a prosecution can be continued or not. Errors in determining state losses can result in failure in law enforcement. There is a difference in the concept of returning state losses due to corruption between positive law and Islamic law. In positive law, the state's recovery of losses cannot cancel the crime, and only mitigates the punishment. Whereas in the Islamic law, restitution of state losses is a good intention and is considered sufficient to resolve the problem of corruption.

Child Marriage and Its Impacts on the Education of Girls in the Rural Gambia: Focus on Niani District

Twenty-one percent of young women married before the age of eighteen. Approximately 650 million girls and women are married before their 18th birthday (UNICEF, 2020, 2021). States member of the United Nations, through its Sustainable Development Goals, has committed to ending child marriage globally through laws, legislation, and other means. Though the practice of child marriage is declining globally, it remains prevalent in Africa and Asia, particularly in the Gambia. This study looks at the impact of child marriage on girls' education in rural Gambia and the factors that encourage it. The researchers conducted qualitative case study research through documentation, Focus Group discussion (FGD), observation, and interviews to collect data. The study's findings indicate that child marriage has negative impacts on girls' education in rural Gambia. This reveals the fact that the percentage of girls enrolled in schools, especially high school, is lower than boys. Girls also face more difficulties than boys to complete, retain and transit to secondary or higher education. This leaves them with no future and excludes them from social or economic advantages. The factors that encourage child marriage are included: religion, poverty, culture, lack of meaningful opportunity, older men's desire for younger women to marry, and the failure of law enforcement. These factors mentioned repeatedly perpetuate the practice of child marriage, and undermine the educational opportunities for the majority of girls in the Niani district of Gambia. Therefore, the researchers recommend that the Gambian government enforce the existing laws and regulations to protect children’s fundamental rights and put into practice the necessary regulations on the prohibition and elimination of this phenomenon.

Perluasan Praperadilan Sebagai Bentuk Due Process of Law: Perlindungan Hak Asasi Manusia dan Keadilan Sosial

Pretrial in Indonesia is interpreted by the behaviour of law enforcement officials, as an effort to change due to the failure of law enforcement in Indonesia. In its journey, there was an expansion of pretrial objects formulated by the Constitutional Court (MK). Unfortunately, the expansion of pretrial was initiated by a case of corruption. This leads to injustice, the determination of suspects which is one of the expansions of pretrial is a weapon for corruption suspects to file pretrial. Unlike the purpose of the due process of law that respects human rights. The protection of human rights has not been interpreted since the investigation process, this makes its problems that are the root of the object of pretrial applications for social justice for all Indonesians. To be able to provide solutions to these problems, researchers use normative legal research, that is prescriptive-explanatory research.

Extent of Community Stakeholders’ Involvement and Outcomes in Communal Water Supply Systems in Malawi

It is argued that community participation in development interventions result in positive outcomes and sustainability, unlike where it is absent. This article assesses the extent of community involvement in communal water interventions in Malawi. This came against a backdrop of witnessing high failure rate, that is, about 30%. The study, therefore, sought to assess the extent of community stakeholders’ involvement, and whether this can explain the outcomes in these interventions. A mixed methods approach was followed, and primary data was collected through a survey and key informant interviews. Key documents were also reviewed. The study findings show that the very idea to bring a communal water point into the community is largely exogenous, and that there are significant levels of exclusion of community-based stakeholders in first three phases of water projects, with the exception of maintenance phase as it is essentially fate accompli. When functional and non-functional water points are compared in areas where there is evidence of community involvement, the former shows significant degrees of community involvement unlike the latter. This is one key aspect explaining positive outcomes and sustainability. All this, arguably, entails serious shortcomings in water sector in Malawi, demonstrated by failure of policy and enforcement of standards.

Potential and perspectives for establishing protected areas in El-Jabal El-Akhdar region, northeast Libya; an overview and example from ‘El-Abyar area’

This study was conducted in El-Abyar area in El-Jabal El-Akhdar region, northeast Libya. The aim was to study the environmental settings and the potential and possibility of establishing a protected area in this important region from a historical, biological, social, and economic point of view. The methodology included an intensive literature review, distribution of 300 questionnaires, soil and water analysis, fauna and flora survey, in addition to extensive field observation during the period from 2011 to 2021. The study highlighted the significant representative state of the study area for the whole El-Jabal El-Akhdar region in terms of environmental conditions and inappropriate anthropogenic pressure. Although the area has been severely degraded due to the arid climate coupled with decades of mismanagement, it still has remarkable ecological and environmental features and there is a feasible possibility of being converted into an effective protected area for biodiversity conservation with sustainable use of its natural resources by the local population (Category VI on the International Union for Conservation of Nature Classification for protected areas). The remaining barriers for which drastic solutions need to be implemented are a lack of awareness, a lack of protected areas guidelines and national perspectives, interest conflict with local people, a lack of constant funding, and failure of legislation enforcement.

Did the Siebel Systems Case Limit the SEC's Ability to Enforce Regulation Fair Disclosure?

ABSTRACTWe examine whether a shock to the enforceability of Regulation Fair Disclosure (Reg FD) limited its ability to restrict the flow of private information between managers and investors. Although prior work provides evidence that Reg FD reduced managers’ selective disclosure of material information immediately following its promulgation, we posit that private information flows returned as a result of the Securities and Exchange Commission's (SEC's) public enforcement failure in SEC v. Siebel Systems, Inc. Using multiple settings, we find consistent evidence suggesting that Siebel changed the cost–benefit tradeoff for Reg FD compliance and effectively reversed the initial effects of the regulation. We also find that Siebel disrupted the equilibrium of selective disclosure activity, resulting in an unleveling effect among investors with respect to private information advantages. Finally, we find that Siebel also had real effects by altering managers’ capital structure decisions. Our findings run counter to the prevailing “mosaic theory” and gradual learning explanations for private information advantages in the extended post–Reg FD period and highlight the importance of enforcement in achieving intended regulatory outcomes.

The Israeli policing army – the gray arm of annexation

ABSTRACT This article aims at challenging the widely accepted argument that Israel has failed to enforce the law on Jewish communities in the West Bank. It argues instead that, since the 2000s, there has been a gradual creation of two armies within the Israel Defense Forces: alongside the ‘official’ army, a ‘policing’ force has emerged in the Israeli-controlled West Bank. Although it is ostensibly subordinate to formal political authority, it has become a quasi-militia force, relied on by both standing forces and local militias, executing a policy which often oversteps official procedures. Its main unofficial task is to entrench Israel’s grip on the West Bank in the form of informal annexation, without resorting to an internationally unacceptable formal annexation. Thus, this army operates in a grey manner, in a duality of official and unofficial forms of action, while claims about failure in law enforcement are what legitimize the duality of this structure.

How accountable and transparent is the African democracy? Reviewing political party financing and regulations

Democracy is identified as one of the best forms of government worldwide because of its aspirations and a promising tendency to foster accountability and transparency in all its ramifications. This includes the channel of selecting leaders, the governance process, and financial spending. One of the major concerns for democratic governance is how to tame the ugly trend of excessive spending during the campaign process. It is well known that politicians are in their nature selfish and can employ all strategies of winning an election, including violation of maximum spending limits as stipulated by law. This study puts the African democracy into a rigorous test of accountability and transparency by examining the regulations and provisions on political party financing and especially by analysing the extent of the strengths and weaknesses of the law and compliance in terms of adequacy or otherwise. The study adopted a descriptive qualitative method of political inquiry where documented sources of data were consulted. The method used for data analysis is content analysis with an emphasis on thematic analytical interpretations. The study discovered that most African countries lack a unified and comprehensive law on party financing, and where it exists as anticipated, failure of enforcement and sanction renders the laws inactive. Besides, there is no effort by the African states towards taming the menace of excessive campaign spending and the use of money in politics. The most annoying aspect is that most of the money for campaign expenditure in African states are sourced from the state treasury, which resulted in bribery, corruption, looting, and misgovernance. The study recommends, among others, that there should be a prompt action need to adopt a unique framework for taming the excess of campaign spending and the use of state treasury for personal political purposes even though the study realises that it is practically impossible to adopt the same rules for financing as each country has its own unique laws of democracy.

PARTICIPATORY LAND USE CONFLICT RESOLUTION: EFFORTS TOWARDS COMMUNITY COLLABORATIVE MANAGEMENT

This research aims to determine the causes of land-use conflicts and formulate a participatory conflict resolution model of the Forest Management Unit (KPH) of Kulawi. Through interviews with respondents using the purposive sampling method. The study included the community around the forest area, local government, KPH, Department of Agriculture, BPDAS-HL, and local government. Data analysis was stakeholder's and land use conflict by using problem trees analysis. The study results show that the battle occurred not only because of the community's factor of accessing the area illegally but also because the KPH has not performed its function correctly. Some factors cause enforcement's failure, such as lack of understanding of the area and community empowerment. Some alternative solutions desired by the community: (1) The government through related agencies should supervise forest areas, (2) Clear boundaries between community-owned land, villages, and forest areas, (3) Community empowerment by utilizing potential forest product resources and (4) Granting management rights to community's forest claimed by the community. There are two models of conflict resolution to be offered. First, the KPH needs the collaboration of parties to resolve land-use conflicts. Second, community involvement as the main subject is significant in every stage of conflict resolution. The KPH supports improving community capacity related to competence in conflict resolution is indispensable.

Protection Mechanisms of the Rights of Women Victims of Violence in the view of the Activities of the European Court of Human Rights

The article analyses the approaches adopted in practice and embodied in the legal conclusions of the European Court of Human Rights on the application of certain articles of the European Convention on Human Rights to combating and protecting the rights of women-victims of violence. It is argued that the first and foremost rights related to the protection of women from violence through the prism of the application of the provisions of the Convention are the Court’s appeal to Art. 6 of the ECHR, which guarantees the right to a fair trial (access to justice). It is in the light of this rule that other provisions of the Convention are implemented, namely the right to life (Art. 2), the prohibition of torture (Art. 3), the right to liberty and security of person (Art. 5), the prohibition of discrimination (Art. 14), and other principles of the ECHR. Particular attention is paid to the inseparability in terms of the functioning of conventional mechanisms of protecting women from violence and its counteraction at the institutional level, which are established and maintained in practice of the ECHR conclusions on the positive obligations of the state and its bodies in this area. It is concluded that the systematic approach of the ECHR to the interpretation of the prohibition of discrimination in the context of the protection of the rights of women-victims of violence, including domestic or private, compensation and imposition of negative and positive obligations on Member States is closely connected with sex discrimination in this case. The failure of law enforcement and / or national courts to take appropriate action to protect women's right to life, to prohibit torture and to protect their rights to liberty and security in relation to their sex (gender) and tolerance of domestic violence reflects deep-seated discriminatory stereotypes of societies in many European countries. Namely, the recognition by the Court of a violation of the applicants’ rights in conjunction with the establishment of discrimination against women contributes to a comprehensive fight against this phenomenon, taking not only individual but also general measures by adopting laws and organizational measures by the authorities of the Member States.

Enforcement Failures and Remedies: Review on State Jurisdiction over Ships at Sea

The 1982 United Nations Convention on the Law of the Sea admitted legislation and enforcement jurisdiction carried out by the flag state. However, the emergence of substandard ships and the growing number of ship accidents at sea indicate that flag state jurisdiction is far from effective. Four aspects of these failures are examined in this paper. Confronted with the failure of flag state jurisdiction, port states have devised a subsidiary remedy to ensure their national interests and restore the effectiveness of flag state jurisdiction. A problem hereunder arises because non-explicit permission was given to port states to prosecute substandard ships. Thus, this paper further analyses four aspects of port state jurisdiction. The authors aim to analyse the failures and remedies associated with state jurisdiction over ships. It reviews the scope and deficiency of state jurisdiction in combatting substandard ships and illicit activities at sea. This paper also addresses the importance of port state control, regional memorandums of understanding and international conventions.

Natural hazards, disasters and violence against women and girls: a global mixed-methods systematic review

IntroductionDisasters triggered by climate and other natural hazards are increasing in frequency, severity and duration worldwide. Disasters disproportionately impact women and girls, with some evidence suggesting that violence against women...

Decentralizing Platform Governance: Lawlessness, Fraud and Innovation

Rule-making and dispute resolution are essential functions of online platforms. Many of these platforms have traditionally adopted a centralized model of governance to create and enforce rules for platform participants. However, a large number of online platforms, particularly those in China, have recently experimented with various schemes in order to decentralize their governance. This paper represents the first systematic effort to explore the phenomenon of platform decentralization, with a particular focus on innovations from China. Contrary to the existing literature, which suggests that current Chinese innovations have been spurred by the authoritarian government’s undersupply of private law, I will show that these new decentralization initiatives are driven more by the increased demand to address market failures, particularly the rampant fraud plaguing China’s e-commerce industry. Platform decentralization has proved advantageous, helping Chinese online marketplaces tackle information failures in their own reputation systems more efficiently. Decentralization has also enabled platform operators to better respond to enforcement failures through increased engagement with users and by facilitating the exploration of community norms. The promising results of China’s experience in platform decentralization has shown how technology can be employed to enable user-generated justice to govern the digital economy. They further reveal the prospects for Chinese tech giants to take the leap to create more innovations in order to remedy weak market conditions.

Civil enforcement rules and mechanism in China: the past, present and the future

ABSTRACT A well-functioning enforcement court is the most crucial safeguard for the success of enforcement, which attracts the attention both internationally and domestically. Civil procedure law statute and its related judicial interpretations, which are experiencing rapid changes and still to be improved, consist of valid rules in the area of enforcement law. After enforcement proceedings are implemented in fact, the difficulty in enforcement began to be taken as a key issue in practice and therefore, led to reform efforts both politically and legally. The ordinary operation of enforcement proceedings could be divided into three parts: commencement and termination of the proceedings and the main part of the procedure. Besides the comparatively well-accepted enforcement rules, the special emphasis in China on the enforcement notice, the Internet-based control and sale of the debtor’s assets and the special possibility of terminating proceedings while admitting failure in enforcement deserve more careful observation. As a general rule, the enforcement court is responsible for the discovery of debtor’s assets, though the current reform plan intends to mitigate the investigative burden of the court. The Chinese judiciary has already announced some general framework in its reform plan. Despite we are undoubtedly concentrating on the developing solution of Chinese problems at national level, there is a strong need to take comparative experience more seriously. Only in this way could Chinese outstanding system of academic discourse be constructed firmly and eventually.