Institutional Legal Framework Research Articles

Educating for Social Justice Lawyering and Community Legal Empowerment: Learnings from India and Bangladesh

The access to justice crisis is severe in India and Bangladesh. Both of these countries have enormous unmet legal needs. To ensure access to justice, three components need to be fulfilled: The existence of a legal institutional framework, awareness among citizens regarding this framework and its processes and citizens’ effective access to them. The state is obligated to ensure that there is access to justice, especially for the poor sections of society. Law schools have an important role to play in providing solutions to this crisis. Clinical legal education (CLE) programmes in law schools, with their mission of providing skill-based training to law students, and legal services to underserved communities are well positioned to respond to the needs of access to justice. This article examines the challenges to social justice lawyering and community empowerment in India and Bangladesh and compares the status of CLE’s response to them in both countries. It recommends three solutions for ‘socially relevant legal education’ and to resolve the access to justice crisis. First, the institutional support for CLE programmes needs to be improved. Second, sustained sources of funding are imperative for the development of such programmes. Third, the regulators of legal education should take serious measures to bridge the gap between academia and practice in the legal profession.

Influencing Factors for Sanitary Sewage in Brazilian Municipalities

The objective of this work is to identify the main influential factors for the attendance of sanitary sewage in Brazilian municipalities, through a survey and quantitative analysis of secondary data. The justification is to contribute to a more systemic and integrated view of sanitary sewage services in the country and their potential causes linked to the context of infrastructure in the country. The conceptual framework pre-establishes relationships between total sanitary sewage care and independent variables related to the availability of sustainable inputs/technologies, nature and quality of institutions, human competences, financing, socio-environmental governance and sanitary administration. The methodology adopted is quantitative research, with random and stratified sampling of municipalities, applying correlation analysis and multivariate regression. The results of the research point to a positive correlation between the total sanitary sewage service and variables associated with the physical governmental structure and human relations existing in the health area. On the other hand, they identify a negative correlation with legislation aimed at the ecological, economic and social zoning of the localities, which may indicate that this legal-institutional framework is not being properly integrated into the planning and implementation of sanitation infrastructures and, thus, guaranteeing, in fact, better living and housing conditions for the populations.

President Rule Article 356 Federalism and Issue of National Security

Federalism is an organisational structure in which authority is shared or split among all of the subordinate governmental institutions rather than being solely vested in the central government. The relationship between the Union and the States is depictedin the Indian system.Because the constitutional division of powers by levels of government can control the potential hazards that security and intelligence authorities represent for individual and collective freedoms, federalism may be preferable to unitary security regimes. Federalism, however, can also be a security problem since it is believed to obstruct effective decision-making about public safety.The legal-institutional framework and constitution of the federal system in India exhibit a unique trend. Studies on national security legislation typically centre on striking a balance between security and liberty, with the vast majority of these studies\ examining this balance along the horizontal axis between federal branches. The vertical axis and the post-9/11 emergence of state and local government in American national security legislation and policy are two additional features that this article adds to question that traditional focus. It promotes a federalist framework that places a strong emphasis on vertical intergovernmental arrangements for the longterm promotion and mediation of a wide variety of policy values. When it comes to national security intelligence and counterterrorism, the federal and local governments collaborate and sometimes clash. This federalism framework clarifies these dynamics and provides insights that can help shape future reforms.

Institutional governance and state-building in Somaliland

Governance is the combined principles of the effective rule of law within a framework of institutional capacity for legal entity, Institutional governance encompassed both administrative aspect and legal framework of institutional development linked with the state-building development. Institutional governance entails accountability, transparency to the demands of effective monitoring process, the aim of the paper is to know how institutional governance affect state-building in Somaliland, institution governance framework and the role of institutions to stat-building follow to accountability, transparency, rule of law and participation. The paper exams to understand the dynamics of institutional governance and state-building idea of governance in state-progress, state-building determinate, institutional Legal frameworks, discrepancies affecting institutions and the consequence. Somaliland is post-conflict country, the consequence from the destruction of infrastructural development brought some basic facilities including, peace, schools and institutional governance has destroyed, the paper presents the role of government bureaucrats (Civil Service)[1] in institutional building, peace restoration and institutional development, finally one of the ideas of paper discussed is the how citizens involved state-building and state-development. The Somaliland Civil Service Commission is a Somaliland government agency established in 1993 that oversees the employment of civil servants and lead reforms in Somaliland's decentralization process. The head of the agency is chairman and is appointed by the President of Somaliland.

Enhancing Environmental Conservation through Legal Policy and Institutional Framework: A Case Study of Uganda

Environmental conservation is a pressing global concern, with Uganda experiencing its own challenges in combating environmental crimes. Despite recent developments in conservation laws, the effectiveness of these measures remains uncertain. This article investigates the legal policy and institutional framework surrounding environmental crimes in Uganda, drawing on diverse sources including legislative provisions, journal articles, and case law. It explores the disconnect between short-term gains and long-term environmental sustainability, highlighting the need for heightened awareness and inclusive policymaking. Recommendations include leveraging constitutional provisions, strengthening water catchment conservation efforts, and fostering community engagement in environmental management. Additionally, the paper underscores the importance of capacity building for law enforcement agencies and emphasizes the role of international conventions in promoting environmental stewardship. By addressing these issues, Uganda can advance its conservation agenda and mitigate the detrimental effects of environmental degradation. Keywords: Court, Environmental crimes, Institutional framework, Legal policy, Legislation.

The Role of Organizational Improvisation in Crisis Management Methods: The Moderating Role of Strategic Vigilance

Objectives: This study aimed to identifying the role of organizational Improvisation in crisis management methods the moderating role of strategic vigilance. Methods: In order to achieve the study objective, the descriptive analytical method was used, and applied it to a simple random sample consisting of (171) managers, at Jordanian commercial banks. Results: The results revealed that there is a significant effect at the significance level (Alpha less than or equal 0.05) of organizational improvisation with its dimensions in crisis management, it was also found that strategic vigilance influencing the relationship between organizational improvisation and crisis management methods. Conclusions: Based on these results, the study concludes that Jordanian commercial banks practiced organizational improvisation at a medium level due to their dependence on legal regulations and institutional frameworks governing their work, and practices strategic vigilance at a higher level, which enhances their ability to analyze crisis signals , re-distribute , and re-organizing their resources to use them in a timely manner to reduce the crisis effect at the lowest levels, and they practice organizational improvisation in some cases they did not plan for before.

Sobre as dinâmicas de cooperação e/ou competição na Eurorregião Galiza-Norte de Portugal

At present, relations between Galicia and Portugal seem to be characterised by a certain paradox. On the one hand, since the 1990s, the EU has promoted territorial cooperation through financial contributions (INTERREG) for the implementation of joint projects. Later, it provided a legal-institutional framework through the regulation of European Groupings of Territorial Cooperation (EGTC). This cooperation, especially crossborder cooperation, is conceived as a useful tool for improving the competitiveness of certain local and regional areas (barrier effect) and for bringing citizens closer together. At the same time, in the context of globalisation and the internationalisation of markets, states are practising a “best place policy”. They try to create the most suitable conditions within their borders for attracting investment and capital appreciation. In this way, competitive dynamics are generated between territories. This article aim to carry out an analysis of the dynamics of competition and cooperation that can be detected in the Galicia-North Portugal Euroregion. To this end, we will analyse the discourse of the main actors and agents involved in the productive processes in the Euroregion: politicians, business leaders and trade unions.

Wastewater management from municipal slaughterhouses in Mexico: quantities produced, existing legislation, treatment processes applied and future challenges

Wastewater from municipal slaughterhouses remains a persistent issue in the world, owing to its inherent characteristics it has been categorized as one of the most environmentally detrimental water sources. Mexico has 972 registered facilities dedicated to meat processing, so it is necessary to establish the best treatment options in order to achieve efficient control of the wastewater produced, reduce water consumption and enhance the utilization of natural resources. The objective of this study was to estimate the quantities of municipal slaughterhouse wastewater produced in Mexico and to provide information on the legislation applicable to the disposal and discharge of these effluents. It also presents the nature-based solutions that could be applied and that are technically and economically feasible, as well as future opportunities for the sustainable management of this type of wastewater. The state of Jalisco is the largest generator of wastewater and solid waste in the country, and significant progress has been made in the transition of public policies toward a sustainability model nationwide. These advancements are supported by legal foundations, institutional frameworks, and governmental bodies. The competitive advantages of nature-based solutions such as constructed wetlands over other treatment technologies include low operation and maintenance costs, ease of implementation, low energy consumption, and the fact that they are not harmful to nature and receiving bodies. While significant progress has been made in the management and sanitation of slaughterhouse wastewater, challenges persist with regard to the technologies employed (design and operation parameters, scaling up, biochemical processes involved, etc.) which in turn become excellent areas of opportunity for future research.

МЕТОДОЛОГИЧЕСКИЕ АСПЕКТЫ КЛАССИФИКАЦИИ МАЛЫХ И СРЕДНИХ ГОРОДОВ

The article deals with problem aspects in classification of small and medium-sized towns in the Russian Federation. The author views the main problem of the approaches applied to the typology of towns in the lack of uniform criteria for their classification and institutional legal framework support.Today, the towns are being studied by representatives of different industries, and there is an urgent necessity in an appropriate scientific discipline able to generalize the initial blocks of the resulted data. It is substantiated a necessity of legislative definition for the town notion concept, for further categorization of the localities into typological units, allocating small and medium-sized towns.

The impact of the corporate governance on firm performance: Evidence from the Greek listed firms

This article explores the relationship between board quality and firm performance. The authors investigate any association between corporate governance and firm performance using a sample of listed firms on the Athens Stock Exchange (ATHEX) from 2008 to 2016 and two distinct performance models. This article expands on a previous study by Kalantonis et al. (2021) by including financial performance as assessed by both return on assets (ROA) and Tobin’s Q. This investigation provides a global and comprehensive view of how specific aspects of corporate governance (CG) have influenced Greek listed companies during the period 2008–2016. Extending analysis also allows to capture the dynamics of the Greek financial crisis as well as the recent legal institutional framework concerning CG. The authors found that firms with more independent board members performed poorly in terms of ROA, while board size (BS) is positively related to performance in terms of Tobin’s Q. Furthermore, a positive relationship was found between CEO duality (CEOD) and firm performance both in terms of ROA and Tobin’s Q, and no relationship was found between board gender diversification and firm performance. Finally, it was concluded that the investigated GC aspects affect more the firms’ performance than the firms’ earnings management.

Legal regulation of the international financial architecture in the context of digital transformation . The experience of the European Union and the Republic of Poland

The digital transformation of public relations has become possible with the introduction of artificial intelligence, the Internet of Things, cloud computing, immersive technologies, and data analytics. These technologies make it possible to create a metaverse where communication, knowledge acquisition, work, business, investment, creativity, and much more are available to everyone. The article offers an in-depth analysis of the institutional legal framework governing the international financial architecture within the realm of digital transformation. It explores regulatory mechanisms and developmental trends within the legal and financial systems of both the European Union and the Republic of Poland. The study delves into instances of commercial fraud involving digital assets, thoroughly examining their implications on the traditional financial system. In the virtual world, the capital market has no borders and jurisdictions. False and unreliable information has become an instrument of manipulation by society and is actively used by market participants. The conventional financial system experiences a loss of control over its functions, particularly in the process of converting fiat funds into digital assets. Decentralized finance regulated by cryptocurrency can replace the Bretton – Woods system. Blockchain is “a technology of utmost honesty” in data transmission. The task of society is to be guided by ethical, social, moral, and environmental aspects in the initial placement of information. The effectiveness of legal regulation of the digital environment is possible only with the adoption of regulations, rules, and recommendations of international organizations in the legislation of each country. A single principle of legal regulation will allow us to build a more just world and its sustainable development.

The “right to the city centre”: political struggles of street vendors in Belo Horizonte, Brazil

The article aims to investigate the relations between work and urban space, focusing on the struggles of street vendors for the ‘right to the city centre’ in Belo Horizonte, Brazil. We join critical debates on Brazil’s internationally praised urban reform by focusing on informal workers. Beyond lacking the protection of labour laws, the ‘right to the city’ (RttC) of such workers has been consistently denied through restrictive legislations and policies. In the context of the ‘crisis’ of waged labour, we explore the increasing centrality of urban space for working-class political struggles. Looking at Belo Horizonte, the article traces the relation between urban participatory democracy and the development of legal-institutional frameworks that restricted street vendors’ access to urban space in the city. In the context of an urban revitalisation policy implemented in 2017, we then explore the use of legal frameworks to remove street vendors from public areas of the city and the resulting political resistance movement. The discussion focuses on the emergence of the Vicentão Occupation, a building squatted by homeless families and street vendors in conflict with the local state. Through this case, we explore the radical potential of contemporary articulations of Henri Lefebvre’s framework emerging from the confluence of diverse local urban struggles for ‘the right to the city centre’. Ultimately, we argue for an understanding of the RttC as a process and a site of continual struggle whose terrain is shaped, but cannot be replaced by, legal frameworks that need to be constantly contested and evolving to reflect the shifting socio-spatial relations.

The humanitarian and transitional device of assistance and reparation for victims of Colombia’s armed conflict in advanced processes in the subregion of the Antioquian East

This article analyzes the humanitarian and transitional device that has been configured around the attention and reparation to victims of the Colombian armed conflict based on the processes carried out in the Antioquian East sub-region. To this end, the legal-institutional framework for the attention and reparation of victims in Colombia is initially outlined. Subsequently, some of the adjustments that have been made to the implementation of this framework are considered. Finally, some of the initiatives and subjects that have emerged in the Antioquian East from the deployment of the humanitarian and transitional mechanism of attention and reparation to victims, as well as from the peacebuilding efforts, are outlined.

Not for us, without us: examining horizontal coordination between the Ministry of Health and other sectors to advance health goals in Uganda.

The Ministry or Department of Health (M/DoH) is the mandated government agency for health in all countries. However, achieving good health and wellbeing requires the health sector to coordinate with other sectors such as the environment, agriculture and education. Little is known about the coordination relationship between MoH and other sectors to advance health and development goals in low- and middle-income countries (LMICs). Our study examined the coordination relationship between MoH and other government ministries, departments and agencies (MDAs) at the national level in Uganda. This was an embedded case study nested in a study on intragovernmental coordination at the central government in Uganda. A qualitative approach used document review and key informant interviews with government officials and non-state actors. Data were analysed thematically using a multitheoretical framework. The coordination relationship was characterized by interdependencies generally framed lopsidedly in terms of health sector goals and not vice versa. Actor opportunism and asymmetrical interests interacted with structural-institutional factors contributing to variable influence on internal and external coordination within and beyond MOH. Supportive mechanisms include (a) diverse health sector legal-institutional frameworks, (b) their alignment to broader government efforts and (c) the MOH's agency to leverage government-wide efforts. Constraints arose from (a) gaps in the legal-institutional framework, (b) demands on resources due to the 'broad' MOH mandate and (c) the norms of the MOH's professional bureaucracy and the predominance of medical professionals. This study underlines critical actions needed to improve coordination between the health and non-health sectors. Introspection within the MOH is vital to inform efforts to modify MOH's internal functioning and positioning within the broader government to strategically advance MOH's (development) aspirations. The nature of MoH's role in multisectoral efforts should be contingent. Consideration of mutual sectoral interdependencies and interactions with and within broader government systems is critical.

Legal protection of public money in the UAE legislations and Islamic law

The study aims to assess the legal regulation and institutional framework for protecting and controlling public money in the United Arab Emirates, as well as comparing it with the provisions of Islamic sharia. The study begins with the concept of protecting public money, its importance, images, and types, and then analyzes the legal texts for the protection of public money in the UAE legislation and Islamic law. Then it identifies the challenges facing the protection and control of public money in the United Arab Emirates. The researcher relies in his study on the descriptive and analytical approach. The study reaches several results, the most important of which are: the UAE legislator protects the public money from any violation through a set of laws that forbid to dispose public money, its seize, or its acquisitive prescription. The study also reaches several recommendations, the most important of which are: the legislator has permitted to dispose public money in accordance with legal conditions and regulations. Thus, any disposal violation will be invalid. The study also recommends the necessity of continuous work on developing legislations that regulate and control the protection of public money in the UAE.

Peculiarities of Manufacturing Policy in Uzbekistan in the Conditions of Modernization of the Economy

An important component of the country's development strategy is the support of domestic producers that produce products for export in the real sector of the economy, in particular, knowledge-intensive industries that form the basis of economic modernization. In order to modernize and transfer the economy to an innovative path of development, it is necessary to develop a mechanism for improving the structure of the economy, a set of long-term measures aimed at strategic regulation of economic processes for the development of priority sectors. There are numerous publications on this topic. However, they do not sufficiently disclose the features of manufacturing policy in the context of economic liberalization, implementation of the development strategy in Uzbekistan. There is an acute need to develop a concept and mechanism for the realization of manufacturing policy in order to implement structural changes and transfer the economy of Uzbekistan to an innovative path of development. The purpose of the study is to develop scientific proposals and practical recommendations aimed at increasing the efficiency of the mechanism for implementing of the manufacturing policy in the context of modernization of the economy of Uzbekistan. Research methods: ascent from the abstract to the concrete, the unity of the logical and the historical, the systems approach, economic and statistical methods of analysis, grouping and comparative economic analysis, structural and functional analysis. The hypothesis of the research is that the developed scientific proposals and practical recommendations make it possible to formulate possible scenarios for the development and implementation of manufacturing policy in Uzbekistan for the medium-term perspective. Scientific conclusions and practical recommendations of the work develop and deepen the relevant, insufficiently developed in economic theory scientific direction. They also identify the priority areas of the economic mechanism for the implementation of manufacturing policy in modernization of the economy, the optimal ratio for the effective functioning of investment, structural, industrial and innovation policies in Uzbekistan and can be used as a base for further special deep scientific researches devoted to the priority areas of manufacturing policy development. The results of the study can be used in further improvement of the legal institutional framework regulating the economic mechanism for the implementation of manufacturing policy, as well as in the development of state target programs, alternative scenarios for the modernization of the country's economy and in the process of using indicative planning.

Review of environmental governance in oil and gas exploration fields in Kenya: analysis of constitutional, environmental policy, legal institutional framework and management practices in South Lokichar Basin, Turkana County

Review of environmental governance in oil and gas exploration fields in Kenya: analysis of constitutional, environmental policy, legal institutional framework and management practices in South Lokichar Basin, Turkana County

Reflective Legal Positivism

The argument of theoretical disagreement has been deemed the most serious contemporary challenge to the traditional views of law, not merely for academic legal positivists but for all lawyers and scholars. Although coined by Ronald Dworkin for the specific purpose of opposing conventionalist and positivist theories of law, the argument recognises the general truth that jurisprudence is an inevitably agonistic enterprise. Nowadays, it is one of the most discussed arguments in general jurisprudence. In this paper, I follow Shapiro’s idea that legal positivists have to accept the challenge and accommodate the argument – they simply cannot dismiss it as conceptually irrelevant. I briefly reconstruct the argument and discuss three positivist accounts that accommodate the phenomenon of theoretical disagreement. I also argue that one of the common features of these positivistic responses is a tacit acceptance of a holistic and meta-philosophical perspective that allows theoretical disagreements to fit within the boundaries of the legal‒institutional framework. The holistic turn is no surprise given that Dworkin’s methodology is also in principio holistic. I conclude, however, that holistically pimped legal positivism – being a conscious close neighbour of legal realism – is a more reflective theory of law than the Dworkinian one.

Factories` Observance to the Legal Framework for the Protection of the Environment: A Case Study in Debre Berhan Town

This study mainly focused on industrial pollution in Debre Berhan town and observance of the legal frameworks concerning industrial pollution. The researcher gives more emphasis to identify the cause and effect of pollution in the town. It is also given due attention to various measures being taken by factories, pertinent government bodies, and the society based on relevant laws and observance of legal frameworks by them, in order to prevent pollution. This study used the primary and secondary source of data. The sampling technique which was selected for the study was purposive sampling. At the end, the research intended to address the extent of pollution and the overall challenges that are impediments which limit the achievement of creating a healthy environment that suits for the life of human being, fauna and flora. Accordingly, some of the final findings of the study are; the extent of pollution in Debre Berhan Town is increasing from time to time, while such pollution is mainly emanated from the fault of concerned government bodies, factories, societies. Keywords: Environment; Factories; Pollution; Pollutants; Legal Framework and Institutional Frameworks.

In the multitude of words sin is not lacking: An analysis of codes of ethics across Fortune 500

Despite millions of dollars being deployed to compliance efforts, few studies have been able to address and measure the effectiveness of codes of ethics in reducing corporate misbehavior. In this article, we theorize that codes of ethics can be classified according to their content orientation. A legal orientation, based on rational decision-making and mainly focused on the institutional legal framework, and a behavioral orientation that draws upon the behavioral ethics literature. These two orientations create four theoretical categories: legal, behavioral, paper, and hybrid codes. To support our theorizing, we examine the codes of ethics of Fortune 500 companies that account for more than two-thirds of the U.S. GDP. We found that three code categories emerged: paper, legal, and behavioral codes. By evaluating the relationship between codes' legal and behavior orientation and corporate misbehavior, we found that companies with higher behavioral orientation tend to have a lower incidence of environmental, social, and governance (ESG) issues while legal orientation has a positive effect on ESG issues. We also examine the effect of codes' orientation on legal litigation. Legal orientation reduces the number of class actions, while behavioral orientation is positively related to it. Our theory and results shed new light on how to improve compliance policies. Incorporating behavior ethics into the analysis of legal compliance may improve its explanatory and predictive power – and, particularly, its policy implications.