Expertise In Matters Research Articles

The Complexities of Implementing Gazetted Fatwas in Malaysia's Federal Territories

In Malaysia, non-compliance with a fatwa constitutes a breach under Shariah criminal jurisprudence. In such violations, it is imperative to undertake appropriate enforcement measures to address and mitigate the issue effectively. However, the implementation of enforcement has many challenges. One of the main challenges in enforcing a Shariah criminal offense is to meet the elements of proof for each offense committed. This article aimed to discuss some of the challenges regarding the enforcement of fatwas in the Federal State Territory. This research adopts a qualitative methodology, employing document analysis as a primary tool for data collection. Additionally, the study utilizes interviews to gather insights about the challenges encountered in enforcing fatwas within the community. The collected data is subsequently subjected to descriptive analysis for a comprehensive understanding. The results of the study found that among the main challenges faced by the Enforcement Division of the Federal Territory Islamic Religious Department (JAWI) are the weakness in fulfilling the elements of proving the wrongdoing of the fatwa, lack of specific expertise in matters related to investigation and intelligence as well as a lack of enforcement officers. This situation significantly influences the enforcement department's capacity to implement fatwa compliance measures within this state effectively.

The Financial Appeal Bodies of the European Union: Nature and Future of the Appeal Panel of the Single Resolution Board

Abstract 936The three financial appeal bodies established in the EU (Board of Appeal of the European Supervisory Authorities, Administrative Board of Review of the SSM, and Appeal Panel of the Single Resolution Board) have certainly a number of advantages. Particularly, their technical expertise in matters of financial supervision and resolution makes them well placed to understand the intricacies, complexities and reactions of financial markets. The members of these bodies are individuals of high repute, with a proven record of relevant knowledge and professional experience and are not bound by any instructions, thereby acting independently and in the public interest. Yet, there are also drawbacks as the nature of these financial appeal bodies is hybrid, quasi-judicial, combining features from both advisory committees and courts of justice. Also, the legal regime applicable to these financial appeal bodies is both complex and not uniform. The rationale of the new European financial regulatory regime post GFC, which prompted the creation of the appeal bodies, resides in the primacy of financial stability and public interest considerations. Although there is no doubt that administrative decisions need to be motivated if they are to be reviewed, most of such decisions in the area of banking and finance are very complex and yet timing is crucial for them to be effective. On these grounds, legitimacy and accountability are of utmost importance for any democratic system to properly function; however, the more complex the activity, the more difficult it is to establish clear standards of conduct and specific outcomes.937

The Emergence of Transparency and Exchange of Information for Tax Purposes on Request as an International Tax Custom

In this article, the author contends that transparency and exchange of information on request became an international tax custom. The content of this new international tax custom is the exchange of information on request with regard to all tax matters for the administration and enforcement of domestic tax law without regard to a domestic tax interest requirement or bank secrecy for tax purposes with extensive safeguards to protect confidentiality of the information exchanged (the so called EOI Standard). The emergence of the EOI Standard as an international tax custom is a clear sign of change of the existing global tax governance. There is a realization that international organizations and global forums with expertise in tax matters (especially the OECD, UN, and Global Forum on Transparency and Exchange of Information for Tax Purposes) are actually performing a fundamental role. They influence states’ practices and opinio juris with soft law instruments and peer review procedures that ultimately influence the development of hard law in tax matters, a sphere traditionally conceived as being exclusive to states. The consequences of the emergence of new international tax customs are the submission of states to the international obligation to exchange information on request even in the absence of treaty provisions and the applicability of a state responsibility doctrine in the event of non-compliance. Therefore, if states intend to not lose their almost exclusive role in global tax governance, the role of the existing international organizations and other institutional players must be restrained. The disadvantage, however, is the inability to achieve cooperation in certain strategic matters in tackling double non-taxation arising from aggressive tax planning arrangements. Global tax governance, international tax cooperation, transparency and exchange of information on request, international custom, customary international law, tax sovereignty.

Two Myths of Administrative Law

In an upcoming set of cases, the Supreme Court of Canada will review its approach to the standard of review of administrative action. In this paper, the author suggests that the Court must go back to the foundation of judicial review in redesigning the standard of review, namely, the task of courts to police the legal boundaries of the administrative body. To do so, courts must authentically interpret the legislative grant of authority to the administrative decision-maker, particularly to determine the appropriate intensity of review. To that end, the author suggests that the Court should discard two myths that have pervaded modern administrative law: (1) that administrative decisionmakers should be granted deference based on purported expertise in matters of statutory interpretation; and (2) that jurisdictional questions exist separately from questions of law. The myths may impose a different standard of review than the one discernible with the ordinary tools of statutory interpretation. The author argues that these court-created devices should not exist at the expense of the constitutionally prescribed duty of the courts to exercise their policing function and engage in genuine statutory interpretation to determine the appropriate standard of judicial review in a given case.

On the Systematic Inadequacy of Fictionalism about Fictional Characters

Critical statements, if true, bear ontological commitments to fictional entities. A well-known version of fictionalism about fictional characters tries to eliminate these ontological commitments by proposing that we understand critical statements as prefixed by a special sentential operator, such as ‘according to a fictional realist theory’. The aim of the present paper is to show that fictionalism about fictional characters is underdeveloped as it stands because it can be shown to be systematically inadequate. Because the fictionalist’s paraphrases of critical statements suggest that fictional realists affirm the propositions expressed by critical statements, the fictionalist mistakenly attributes to fictional realists an expertise in matters that pertain to literary criticism. Importantly, this problem of misattributed expertise paves the way to other issues that might be much more devastating to the fictionalist project. It can be shown that, because she wrongly attributes expertise to fictional realists, the fictionalist unintentionally portrays fictional realist theories in a way that renders them inconsistent and self-defeating. This undermines fictionalism about fictional characters because it leaves no workable fictional realist account in which to ground a fictionalist explanation. This is why the fictionalist about fictional characters should try to eliminate the problem of misattributed expertise and its related issues. At the end of the paper, I sketch some of the available options in this regard.

Die Nasionalisering van Waterregte in Suid-Afrika: Ontneming of Onteiening

South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of Water Affairs and Forestry has been appointed to act as trustee of the nation's water resources. Through the working of section 4(4), exclusive rights of water use, which were in force before 1998, were replaced by water allowances, granted in the discretion of the relevant authority.
 The key issue, which is investigated in this article, is whether the state, through the provisions of the National Water Act, expropriated vested rights in property or whether such infringement merely constituted a deprivation.
 The new concept of property in terms of section 25 of the Constitution of the Republic of South Africa and the distinction between deprivation and expropriation are examined. It is indicated that the concept of property in South African law has been extended to include not only ownership but also rights in property. Existing water use rights, which were available to certain individuals in terms of the 1956 Water Act, can be classified as property.
 Section 25(1) authorises the infringement of private property in certain defined instances. Despite the many academic works which define the difference between deprivation and expropriation as described in section 25(2), the Constitutional Court clarified this matter in First National Bank of SA Ltd t/a Wesbank v Commissioner for the South African Revenue Services 2002 7 BCLR 702 (CC). Expropriation is described as a sub-category of deprivation. Only when it has been established that the requirements of section 25(1) have been complied with, is the question of whether deprivation constitutes expropriation, asked.
 The requirements for deprivation, expropriation and inverse condemnation are discussed with reference to applicable case law.
 After the aim of the National Water Act was weighed up against the disadvantages which individuals suffer through the infringement of their vested rights, the conclusion was reached that the nation's need for sustainable water resources carries more weight than the individual's exclusive right of use of water. A constitutionally valid deprivation has thus occurred. Due to the fact that the state did not appropriate any rights in this process, the conclusion was reached that this provision does not amount to expropriation. It does however appear that the provisions of the National Water Act can give rise to inverse condemnation or constructive expropriation in specific circumstances.
 In addition, three other strategies of strengthening international environmental governance should be pursued: First, the various international environmental treatymaking and treaty-implementation processes should be better harmonised or, at least, co-ordinated; in this context, UNEP is called upon to continue and intensify its efforts to enhance the synergies and linkages between multilateral environmental agreements (MEAs) with comparable areas of focus, by prompting the respective MEA secretariats to enter into appropriate co-ordination arrangements and giving them full logistic support in this respect. Second, as many non-governmental organisations (NGOs) have considerable knowledge and expertise in environmental and developmental matters, States should consider intensifying the partnership with them. States should, however, be empowered to make a selective choice among the mass of NGOs operating at international level. They should accept as partners only those NGOs which meet certain qualitative requirements. Third, as local governments are key components of national sustainable development strategies if such plans are to succeed, the existing local Agenda 21 processes should be expanded and intensified. In particular, supporting the direct engagement of local and sub-national institutions from around the world in international activities and partnerships is an important component of good international environmental governance.

Strengthening International Governance for Sustainable Development: Expectations for the 2002 Johannesburg World Summit

During the broad preparatory process for the Johannesburg World Summit there was hope that Johannesburg would become the starting point for establishing a more effective "international environmental governance". However, there is still controversial debate on how to achieve the aim of better governance. As the idea of establishing a Global Environment Organisation (GEO) with which the existing UNEP could merge can, at best be realised in the long run, UNEP should continue to play its leading role in the field of international environmental action. However, it will undoubtedly be unable to do so unless its internal structure and financial base are considerably strengthened. It was certainly a serious handicap that, until recently, the UNEP Governing Council has hampered effective ministerial participation and continuity in governance. Now it is supposed to share its governance role with the newly established Global Ministerial Environment Forum (GMEF), functioning as an additional UNEP policy organ that is expected to provide broad overarching policy advice. The GMEF is determined to meet annually at ministerial level. But there is still controversial debate on the question whether the GMEF, as opposed to the Governing Council, is to be organised as a body with universal membership. In the author’s view, UNEP should continue to function as a non-plenary organ with clear-cut decision-making powers. It should meet at the ministerial level. Considering its broad range of tasks, it should function on a permanent basis in the future. And, finally, it should be assisted by a high-level intergovernmental body for providing broad overarching environmental policy advice; the GMEF might function as such a body. Both UNEP and the Commission on Sustainable Development (CSD) must foster environmental protection and development as a uniform endeavour which urgently requires integrated solutions. This can be done by effecting a pragmatic division of work at functional and operational levels.
 In addition, three other strategies of strengthening international environmental governance should be pursued: First, the various international environmental treaty-making and treatyimplementation processes should be better harmonised or, at least, co-ordinated; in this context, UNEP is called upon to continue and intensify its efforts to enhance the synergies and linkages between multilateral environmental agreements (MEAs) with comparable areas of focus, by prompting the respective MEA secretariats to enter into appropriate co-ordination arrangements and giving them full logistic support in this respect. Second, as many non-governmental organisations (NGOs) have considerable knowledge and expertise in environmental and developmental matters, States should consider intensifying the partnership with them. States
 should, however, be empowered to make a selective choice among the mass of NGOs operating at international level. They should accept as partners only those NGOs which meet certain qualitative requirements. Third, as local governments are key components of national sustainable development strategies if such plans are to succeed, the existing local Agenda 21 processes should be expanded and intensified. In particular, supporting the direct engagement of local and sub-national institutions from around the world in international activities and partnerships is an important component of good international environmental governance

Regional International Courts in Search of Relevance - Adjudicating Politically Sensitive Disputes in Central America and the Caribbean

The Central American and of the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States chiefly envisaged them as EU-style regional economic courts, they have explored the whole extension of their formally delegated functions and have developed peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and mega-politics. The article explains how two ICs seemingly established to build common markets have come to rule on high-stakes political disputes, which, ostensibly, have little to do with regional economic integration. The article posits that the scholarship on delegation to ICs is only partially able to provide an answer to this question. It, hence, suggests an alternative theoretical framework by relying on transnational field theory and reflexive sociology. The article demonstrates that, despite the rhetoric of their founding documents, both the CACJ and the CCJ were only partially established to pursue regional economic integration. Instead, both Courts were fashioned at the crossroad of several – and at times even conflicting – forms of legality, power battles, professional interests, and visions of the world that shaped the Central American and Caribbean legal fields over time. Seen through the diachronic lens of the interests, ideologies, professional practices, and visions of the world of the actors inhabiting the Central American and Caribbean legal fields, the involvement of the two Courts in politically sensitive issues becomes less surprising, and – the article argues – it constitutes part of a strategy of the judges to legitimize the two Courts vis-a-vis their peculiar institutional, political, and social environments.

Third wave development expertise

In this paper I offer a normative account of development expertise. Although extending expertise beyond the traditional development experts to include local stakeholders, this normative account aims to delimit legitimate forms of expertise. I label this normative view third wave development expertise. Third wave expertise is distinguished from both the technocratic and the social constructivist views of development expertise. In particular, I discuss the notions of contributory and interactional expertise. Contributory expertise denotes the extent to which a group of agents possesses (tacit, embodied, or explicit) knowledge which can make a significant contribution to development decision-making, while interactional expertise denotes the extent to which they are able to communicate this knowledge meaningfully. While local stakeholders may possess contributory expertise in matters of their own development, they may lack interactional expertise to communicate this knowledge. Resolving this issue, I argue, requires a mediator who can interact with and between external experts and local stakeholders.

The CFTC turns to insider trading enforcement

Purpose To alert participants in the commodities markets to an important development in the exercise of enforcement authority by the Commodity Futures Trading Commission. Design/methodology/approach Explains a recent proceeding which resulted in the CFTC’s first-ever application of a newly-promulgated regulatory Rule to punish “insider trading” involving the commodities markets. Findings The CFTC has shown that it intends to apply its new Rule aggressively to address insider trading in the commodities markets. Practical implications As a result of the CFTC’s new enforcement approach to regulating insider trading in the areas under its jurisdiction, all participants in the commodities markets must be attuned to the prohibition on insider trading, familiar with actions that might be deemed unlawful insider trading, and act accordingly to avoid improper trading activities. Originality/value Practical guidance for participants in the commodities markets from an experienced attorney with expertise in government enforcement matters.

Facing the American "Pivot" to Asia: EU's Role in the Power-Balancing Game in Eastand Southeast Asia from a Neorealist Perspective

The rise of China and the “pivot” to Asia announced by the US pose new geo- political challenges that should be recognized and properly addressed by the European Union. Adapting elements of the neorealist perspective on interna- tional relations, this article intends to briefly analyse current and possible role for the EU in the Asian power-balancing game. It also examines the capabilities, interests and deficiencies of the EU as a security actor in the Asia Pacific, and investigates whether the EU’s capacities are enough to potentially counterbal- ance other powers in Asia. Even though there are numerous shortages to the EU’s “actorness” and capability to act, it is still the biggest economy in the world, which can be successfully translated into leverage while counterbalancing oth- er powers. Also, developed expertise in non-traditional security matters as well as recent institutional developments provide for the EU’s stronger international presence and growing power capacity. However, this potential needs to be well managed. The EU suffers from leadership deficiency and lacks a strong, coher- ent strategy towards Asia that could match the one of the United States. Such strategy is essential for the EU’s security and economic prosperity given growing interdependence between Asian Pacific and European economies as well as in- creasing role of the Asian powers in global affairs. Especially the rapid growth of China brings several implications not only for the general world order, but also for the EU’s position in its hierarchy. Often the power-balancing game in Asia Pacific is depicted as centring around the US-China rivalry for influence. Having in mind that the US is one of the key players in the region, also the EU-US part- nership needs a new, Asian dimension which could determine the further role of the transatlantic alliance in a changing security environment. Finally, all comes about the EU’s capacity and willingness to become a global power; but also about if it can afford not to become one.

The False Federalism of EPA's Clean Power Plan

This paper explicates the four building blocks underlying emission standard guidelines in the U.S. EPA’s proposed clean power plan for reducing carbon dioxide emissions from the U.S. electric power sector. It critically analyzes the methodology by which EPA has assessed the cost and effectiveness of each building block. This explication of the four building blocks reveals that the clean power plan is fundamentally inconsistent with how Congress has allocated state versus the federal regulatory authority under the Clean Air Act. Under the CAA vision of federalism, the federal EPA’s presumed centralized expertise in matters of climate change policy would be coupled with a productive delegation of authority to state regulators to utilize their superior knowledge of state power sectors in finding ways to reduce CO2 emissions. Under the clean power plan, the EPA has set state-specific CO2 emission reduction targets on the basis of the stylized facts of estimated average state performance. Thus rather than standards based on federal expertise, implemented by state regulators with state-specific knowledge, the clean power plan sets standards based on federal guesswork about state realities that may leave state regulators with few feasible or cost effective compliance options.

Challenges in Health Research Funding: an opinion.

Challenges in Health Research Funding: an opinion.

Does Partisanship Shape Attitudes toward Science and Public Policy? The Case for Ideology and Religion

Despite the apparent partisan divide over issues such as global warming and hydraulic fracturing, little is known about what shapes citizens’ willingness to accept scientific recommendations on political issues. We examine the extent to which Democrats, Republicans, and independents are likely to defer to scientific expertise in matters of policy. Our study draws on an October 2013 U.S. national survey of 2,000 respondents. We find that partisan differences exist: our data show that most Americans see science as relevant to policy, but that their willingness to defer to science in policy matters varies considerably across issues. While party, ideology, and religious beliefs clearly influence attitudes toward science, Republicans are not notably skeptical about accepting scientific recommendations. Rather, it seems that Democrats are particularly receptive to the advice and counsel of scientists, when compared to both independents and Republicans.

Working for the King (and the Queen): Krakovian Scholars in the Royal Service in Late Medieval Poland

Abstract This article examines several of the ways in which Krakovian scholars in the late fourteenth and fifteenth centuries were engaged in the national life of Poland. The focus is on selected individuals associated with the University of Kraków who served the rulers of Poland in this period. Some held positions in the royal chancery; others were involved in diplomatic affairs relating to issues connected with the Knights of the Teutonic Order; and others provided their expertise in matters touching the legal status of the union between Poland and Lithuania. While by no means treating all the avenues of royal service that involved Krakovian scholars nor discussing all the people who were involved, the examples chosen for analysis here are sufficient to suggest the range and depth of service by these individuals for the monarchy and the state.

The Board of Longitude and the funding of scientific work: negotiating authority and expertise in the early nineteenth century

During the winter of 1825, and again in 1828, two eminent men of science, Thomas Young and John Herschel, debated the state's obligation to provide for the scientific arts, particularly the Board of Longitude's support for attempts to improve navigation and the provision of instruments for seagoing men of science. The question of how authority and expertise in scientific matters was judged by members of the Admiralty and their associates was closely connected with individuals' opinions about the support men of science should be able to expect from the state to further their expertise, both financially and materially. The exchange offers insight into the relationship of expertise and authority as understood by those attempting to negotiate Admiralty patronage. Alongside discussion of how the Board of Longitude more generally negotiated the demands, needs and wants of men of science, light is shed on how the Commissioners of Longitude used their authority to judge scientific expertise on behalf of the Admiralty in the first decades of the nineteenth century.

Trybunał Obrachunkowy czy parlamentarne biuro budżetowe?

The reform of the economic governance in the EU binds the Member States to set up independent bodies monitoring the compliance with fiscal rules entitled to check – either ex ante or ex post – the respect of the balanced budget clause and of the medium term objective as well as to provide macroeconomic forecasts and to prevent macroeconomic imbalances. Such body, which shall be independent or at least endowed with functional autonomy vis a vis budgetary authorities, shall be composed of members selected on the basis of their merits and expertise in matters of economics and public accounts. Italy has just adopted the first measures of adaptation to the new EU norms, in particular by means of Const. Law no. 1/2012 and Organic Law no 243/2012, opting for the establishment of a brand new body, set within the Parliament, the Ufficio parlamentare di bilancio . Following the examination of the most significant EU provisions devoted to the new independent body, in the first place the contribution aims at analysing the constitutional status , the composition and the functions of the Italian Court of Auditors ( Corte dei conti ) that, in theory, could have served as the new “independent fiscal body” for Italy, although after some amendments to the existing norms; in the second place, following the examination of the rules concerning the Ufficio parlamentare di bilancio , the contribution focuses on the reasons behind the choice of the legislator to marginalize the Court of Auditors. Finally, waiting for the revision of the Italian Law on public accounts and of the parliamentary Rules of procedures, some proposals for a prospective and fruitful interplay between the Court of Auditors and the Ufficio parlamentare di bilancio have been made in order to foster a solid and loyal cooperation between the two bodies.

Armed forces and sports mega events: an accepted involvement in a globalized world

This paper will attempt to analyse the role of the armed forces as guarantors of public safety at mega sports events in today's climate of hypersecurity. Though their expertise in matters of security is necessary at such large-scale events, their interventions are not without self-interest as they stand to benefit (economically, politically, socially and symbolically) as much as the events' organizing bodies. In this model of total security coordination1 during a sports mega event, the armed forces fulfil their assigned roles and missions as faithfully as they do during other international events (political, for example) in a continuation of a ‘global’ response to a continuum of threats. The visible legacies of these interventions can be felt not only in the short term but also in the mid to long terms, sometimes even leaving the organizing nation in a prolonged ‘state of exception’.2

Italian psychology under protection: Agostino Gemelli between Catholicism and fascism.

Between the 1930s and 1940s, Agostino Gemelli (1878-1959) was the main Italian psychologist; he accepted and promoted an empirical conception of psychology influenced by neo-Thomism. The views of Gemelli were a landmark for many psychologists and psychological models in Catholic universities. Gemelli, moreover, throughout his scientific activity, continued ongoing work of expertise in matters concerning science, morality, and psychology. He was a Franciscan monk but also an officer of the Italian air force, a psychologist, and a rector. During the period of fascist rule in Italy, Gemelli sought compromise solutions to foster the survival of psychological institutions. Around his story, contrasting interpretations have emerged. The aim of this article is to look at Agostino Gemelli as an important historical subject to understand the ways in which scientific enterprises and institutions are likely to be influenced by political regimes and by the dogmatic and intolerant milieu. (PsycINFO Database Record (c) 2013 APA, all rights reserved).

Theology and the problem of expertise

Despite the ubiquitous role of expertise in matters of knowledge, its importance is contested in much of Christian theological scholarship, especially the Protestant kind. This article seeks briefly to describe the history of Christian skepticism towards expertise, discuss its theological basis, and argue that we need to acknowledge the importance of expertise in our theologies. Recognizing the role and validity of expertise, I argue, helps one to articulate a middle ground that can affirm the distinctiveness of Christian thinking about the world while also moderating the mistrust that many laypersons have towards intellectual authority.