International Journal of Public Law and Policy (30 papers in press)

Regular Issues

• Creating an appropriate legal procedure in handling unfair competition under Indonesian job creation regime  
  by Ismail Rumadan 
  Abstract: In order to execute antitrust and unfair competition rules inside Indonesia’s employment creation system, procedural legislation must be carefully crafted. Changes to Indonesia’s unfair business competition legal framework as part of the job development legal framework make this vital. Many difficult situations have arisen since the Business Competition Supervisory Commission (KPPU)’s decisions are only reviewed by the commercial court. Instead of the public nature of unfair business competition trials, commercial court judges focus on formality and decorum. Civil and criminal procedural law merged under the commercial court’s jurisdiction will impact legal certainty for the choice of procedural law instruments employed in law enforcement. These techniques affect corporate competition enforcement’s goals of legal certainty and fairness. A normative legal framework, analytical, and conceptual perspectives are then applied to the topic. Investigations used primary and secondary data. This paper seeks to theoretically establish the optimal procedural law model for commercial court formal procedures. This idea intends to improve legal enforcement against unfair economic competition and give business players legal certainty.
  Keywords: commercial court; procedure law; unfair competition.
  DOI: 10.1504/IJPLAP.2024.10061364
   
  
• Anti-beggary laws in India: a socio-political critique  
  by Goyat Sukriti 
  Abstract: The aim of this research is to critically examine the anti-beggary laws in India and present a socio-political critique of these laws. Anti-beggary laws in India are a replica of colonial vagrancy laws that discriminate among people on the basis of their socio-economic status. Due to these laws, innocent people are being criminalised and it adds salt to their wounds. Before 2018 when the court scrapped some of the sections of the Bombay Prevention of Begging Act of 1959, hundreds and thousands of beggars were detained in jails in the name of rehabilitation without providing them any legal aid to present their case. The laws penalise homelessness as well. People from the informal labour sector were being picked by the police from footpaths under these laws. These horrifying incidents form part of the problem. The paper aims to study the current scenario of ant-beggary laws along with various judgements given by Indian courts decriminalising these laws.
  Keywords: beggary; anti-beggary laws; begging; vagrancy; constitutional morality; right to life.
  DOI: 10.1504/IJPLAP.2024.10061365
   
  
• Ghana’s current transfer pricing regime: exposition and critique  
  by Abdallah Ali-Nakyea, William Kofi Owusu Demitia 
  Abstract: The Transfer Pricing Regulations, 2020 (L.I. 2412) can be described as Ghana’s attempt to address the contemporary challenges associated with transfer pricing abuse by taxpayers and the effects of those abuses on revenue generation and the development of the nation. This article compares Ghana’s old Transfer Pricing Regulations, 2012 (L.I. 2188) to current Transfer Pricing Regulations, 2020 (L.I. 2412) and discusses the significant improvements that L.I. 2412 has made to the transfer pricing regulatory framework in Ghana. The article also highlights the shortcomings of the current regulations and offers some proposals to further strengthen the regulations to address contemporary developments within the transfer pricing landscape in Ghana.
  Keywords: abuse; contemporary; challenges; critique; development; exposition; revenue; improvements; transfer; pricing.
  DOI: 10.1504/IJPLAP.2024.10061590
   
  
• GDPR and Bangladesh’s data privacy laws: a comprehensive analysis  
  by Md. Zahurul Haq, Zainal Amin Bin Ayub, Abdel Rahman Ahmed AbdelRahman 
  Abstract: This article aims to conduct a comparative analysis of data privacy policies, specifically examining the European Union General Data Protection Regulation (GDPR) and Bangladesh’s minimalistic legal framework, to assess their impact on data protection and privacy rights. The authors applied the functional method of comparative law to examine how the legal systems of the European Union and Bangladesh address the issues relating to data privacy and compare the outcomes achieved by each legal system. By examining the legal frameworks, principles, and practices, the article provides insights into how these distinct legal systems tackle data protection challenges and highlights potential differences in outcomes. Findings suggest that Bangladesh’s data privacy legal regime shares several common principles with the GDPR. However, the primary issue stems from the absence of data subjects’ ownership recognition under the Bangladeshi legal regime, rendering it less comprehensive in scope and fewer rights and protections to data subjects.
  Keywords: General Data Protection Regulation; GDPR; data protection; data privacy; Bangladesh; data ownership; comparative analysis.
  DOI: 10.1504/IJPLAP.2024.10062189
   
  
• Reconsidering criminalisation of prostitution: a comparative critical study of the models in vogue in India, Sweden and the Netherlands  
  by Bhavya Tandon, Pratiti Nayak 
  Abstract: The criminalisation of sex work have been contentious issues in criminal law. The Criminal justice system, historically opposed to prostitution, has employed policing and regulations, suppressing the profession. In India, the intend behind prostitution law is gradual criminalisation, associating it with higher crime rates and poverty. The sex workers faces exploitation from multiple stakeholders, encompassing physical, sexual, and psychological violence, leading marginalisation and discrimination. Some European nations, opting for legalisation, aim at harm reduction and enhanced protections for sex workers. Through a comparative analysis of prostitution laws in India, the Netherlands and Sweden, this paper studies the criminalisation model through the lens of public morality, public health, and other societal interests. It questions the limits of criminal law in balancing harm reduction and worker exploitation. Proposing alternative likes legalisation and partial criminalisation, the paper advocates for the most effective approach- decriminalisation- to protect public interest, uphold right and eliminate stigma within this complex social issue.
  Keywords: prostitution; harm; criminalisation; human rights; trafficking laws; India; Sweden; the Netherlands.
  DOI: 10.1504/IJPLAP.2024.10062866
   
  
• Impact of issues related to technology on labour law and the negotiating algorithm  
  by P. Satheesh, P.R.L. Rajavenkatesan 
  Abstract: Artificial intelligence (AI) and automation technologies, including blockchain, internet of things (IoT), and conversational user interfaces, have significantly influenced the culture, relationships, and business procedures of the 21st century, prompting a meticulous reevaluation of conventional norms. While machines have supplanted human roles in various fields since the Industrial Revolution, contemporary AI advancements present a potential to not only revolutionise employment but also curtail economic growth and impart extensive societal impacts. This study principally contends that the advent and utilisation of digital technologies have indistinctly metamorphosed the essence of work and employment. AI also affects labour law, giving lawmakers a new perspective. If robots without legal personalities can do human duties, employers can fire them. The key question is whether organisations can operate efficiently with fewer workers. Despite the importance of employees, layoffs may occur. Given this, policymakers may consider reducing redundancy, giving robots a legal personality, or regulating their workplace use. This study examines how the public views AI and its workplace effects, examining the relationship between AI and labour regulations. This topic became important after substantial research on legal personality in labour regulation.
  Keywords: artificial intelligence; digital technology; the Industrial Revolution; legal legislation; machine learning; personality; negotiating algorithm; labour law.
  DOI: 10.1504/IJPLAP.2024.10063012
   
  
• Examining the position of organic laws within the Constitutional Bloc: an analysis of constitutional court decisions in France and Iraq  
  by Ahmed Oudah Al-Dulaimi, Jacob Deem, Léa Boinnard 
  Abstract: This paper examines the position of organic laws within the Constitutional Bloc, based on the influence of constitutional court decisions in France and Iraq. Through analysing the constitutional court decisions, this article seeks to provide to provide a deeper understanding of the importance and status of organic laws within the constitutional system. The importance of this study is highlighted by the controversial argument emerging from the extent to which organic laws are considered one of the components of the Constitutional Bloc and thus give it a constitutional value. Based on a case study approach, this paper focused on the constitutional court decisions to reach the result that a kind of hierarchy can be found between the constitutional rules, and organic laws are one of these rules. Such hierarchy can assist the constitutional judges to examine the position of the organic law within the Constitutional Bloc.
  Keywords: organic law; Constitutional Bloc; constitutional court; constitutional value.
  DOI: 10.1504/IJPLAP.2024.10063038
   
  
• Criminalisation of marital rape in India: a medico-legal analysis  
  by S. M. Aamir Ali, Anuttama Ghose 
  Abstract: Marital rape is described as undesired intercourse between a man and his wife acquired by force, coercion, threats of force, physical assault, or when she is incompetent to consent. Marriages with marital rape have considerably more significant rates of sexual aggression, marital discomfort and reduced marital quality and satisfaction. Many marital rape victims are either incapable or scared to oppose their spouses’ sexual violence. Victims of marital rape have post-traumatic stress disorder, anxiety, depression, gynaecologic disorder, and terrible physical health impacts. Thus, this paper investigates the laws governing rape in India, with a focus on the status of marital rape, the acknowledgement of marital rape as a crime and an analysis of the perspective of society and judiciary toward marital rape while highlighting the medical consequences faced by the survivors of the marital rape.
  Keywords: criminalisation; gynaecologic disorder; health; marital rape; sexual violence; post-traumatic stress disorder; PTSD; India.
  DOI: 10.1504/IJPLAP.2025.10065642
   
  
• Public policy and society, the case of changing smoking behaviour in the USA  
  by Rania Marwan, Tarek El Badawy, W. Rhea Ingram, David Ang 
  Abstract: This paper focuses on analysing the gradual change in smoking behaviour that took place overtime in the US from a public policy theoretical lens, by focusing on three critical events at the national and regional levels. Two events occurred at the national level that shaped the change; the release of the Surgeon General’s Report in 1964 and the Tobacco Master Settlement Agreement in 1998. At the regional level, the paper focuses on the post-settlement allocation of funds, specifically in the State of Alabama, and how it affected behavioural smoking changes. Four policy theories are examined: Downs’ issue attention cycle, Kingdon’s multiple streams framework, punctuated equilibrium, and social construction theory. The paper concludes that the interdisciplinary nature of public policy allows it to explain in depth how smoking behaviour changed over time through tackling different interdisciplinary angles, including the role of policy tools, media, research, advocacy, marketing, and policy entrepreneurs.
  Keywords: Downs’ issue attention cycle; multiple streams framework; MSF; punctuated equilibrium; social construction theory; tobacco Master Settlement Agreement; MSA; policy tools; policy entrepreneurs.
  DOI: 10.1504/IJPLAP.2024.10063424
   
  
• Right to information: a cornerstone of good governance in India  
  by A. Archana, M. Sarojanamma 
  Abstract: The Right to Information (RTI) Act has emerged as a critical pillar of good governance in India, empowering citizens to access information and hold public authorities accountable. The Right to Information Act provides Indian citizens with the means to exercise their democratic rights and access information held by public authorities. Through this act, citizens have been empowered to seek and receive information, thereby bridging the gap between the government and the governed. By providing citizens with the right to scrutinise government actions and decisions, the act acts as a deterrent against arbitrary exercises of power and misuse of public resources. Public officials are now held more accountable for their actions, leading to improved efficiency and reduced instances of corruption within the system. Additionally, the RTI Act has played a crucial role in curbing corruption within public institutions.
  Keywords: right to information; good governance; transparency; accountability; citizen engagement.
  DOI: 10.1504/IJPLAP.2024.10063509
   
  
• Formulating the regulatory framework for the pre-market approval of novel food in Malaysia  
  by Nor Akhmal Hasmin, Sayidah Asma Basir, Anida Mahmood, Juan Matmin, Vita Cita Emia Tarigan 
  Abstract: Novel foods and novel food ingredients are being introduced in the market to strengthen global food security. However, most of the novel foods lack a history of safe use, due to the novel characteristics and lack of consumptions. Despite the safety concerns, novel foods in Malaysia are not subject to pre-market approval, hence, exposing consumers to potential adverse effects on safety and health. Through a doctrinal analysis, this study critically analyses the pre-market approval for novel food requirements and procedures adopted by the food safety authority in the European Union, Australia New Zealand, and the People’s Republic of China. It is to identify the key elements that must be embodied in the legislative framework for pre-market approval of novel food in Malaysia. This study finally suggests some regulatory recommendations on pre-market approval for novel food in Malaysia to strengthen the food safety and food security provisions in Malaysia.
  Keywords: food security; food safety; novel foods; pre-market approval; regulatory framework; Malaysia.
  DOI: 10.1504/IJPLAP.2024.10063553
   
  
• Necessary public policies required for accumulation of human capital among informal worker households of India  
  by Amit Kundu, Rajyasri Roy 
  Abstract: Over decades, the Indian labour force has been dominated by informal workers. Investment in human capital is considered a luxury commodity for households depending on different types of informal work for their livelihood. This paper based on NSSOs 68th round survey has identified a few public policies like expansion of Jana Dhan Yojana, offering fuel and electricity at subsidised rates, efficient distribution of nutritious food through the public distribution system, offering cycles to the students to reduce their private transport costs, are very much effective public policies to encourage the present informal workers to invest in human capital accumulation for their next generation, i.e., those public policies should not be considered as implemented only for popular politically gain. Awareness programs like the importance of investment in human capital for their children should also be arranged for those parents.
  Keywords: informal worker; accumulation of human capital; Heckman’s two-step treatment effect model; public policies; India.
  DOI: 10.1504/IJPLAP.2024.10063573
   
  
• Case brief generation and verdict prediction using natural language processing and machine learning  
  by Christopher A. Moturi, Sharon A. Obanda 
  Abstract: The paper’s objective was to demonstrate the potential of natural language processing and machine learning in solving the challenges faced by the Kenyan judicial system, particularly the increasing complexity and the large backlog of cases. To achieve this, the research utilised NLP and AI algorithms to automatically generate case briefs with relevant precedent cases and predict the likely outcome of the verdict. Selected lawyers provided expert labelling of downloaded cases and sample legal case briefs. The labelled data was then used to train the model. The resulting toolkit was capable of generating case briefs and predicting verdicts with impressive levels of accuracy, 88% for case briefs and 83.7% for verdict predictions. The findings of the research demonstrate that NLP and ML is a valuable solution that can enhance human abilities by automating case brief generation and verdict prediction and potentially. This will contribute to more efficient service delivery.
  Keywords: Kenya judiciary; case briefs; verdict prediction; legal case prediction; natural language processing; NLP; machine learning.
  DOI: 10.1504/IJPLAP.2024.10063689
   
  
• Taxing crypto earnings under Indian jurisdiction: a detailed study  
  by D. Kiruthika, Kesavamoorthy Renganathan 
  Abstract: The most talked-about subjects have been cryptocurrencies in general and Bitcoin in particular. Cryptocurrencies are thought of as a subset of virtual currencies that are used for peer-to-peer transaction payments. There are differences in how different nations around the world treat cryptocurrencies. The currency’s legal status is unknown, despite the fact that it is growing in popularity in society and among business communities. In India, there is no regulation that governs cryptocurrencies as of January 2024. Meanwhile in the Budget Session, 2022 the government has brought in the tax regulation of cryptocurrencies. In light of this, the paper would critically analyse on the existing tax treatment of cryptocurrencies in India and further the study is aimed to throw light on some reflections comparatively to trace the tax treatment of cryptocurrencies in other global jurisdictions so as to analyse the pros and cons of present taxability of cryptocurrencies in India.
  Keywords: cryptocurrencies; Bitcoin; tax treatment; India; legal status; global jurisdictions; Income Tax Act; goods and services tax; GST; virtual digital asset; VDA; tax deducted at sources; TDS.
  DOI: 10.1504/IJPLAP.2024.10063690
   
  
• Crafting tax incentives for economic development: insights and recommendation  
  by Ifeanyichukwu Azuka Aniyie 
  Abstract: This paper utilised of a mix of systematic textual analysis to gain understanding, develop knowledge regarding the nature and corollaries of tax incentives. Its main finding is that despite the duality that is tax incentives and the existence of advisories against their utilisation as policy instrument by states, they have become prominent tools for public policy design and implementation as well as feature during micro or firm level decision making. Based on this, the paper argues that with the use of strategically crafted tax policies that balance the contrasting side of tax incentives, economic development can be fostered by their existence. To this end, it offers insights and practical recommendations for the utilisation of tax incentives by states.
  Keywords: revenue; tax incentives; fiscal policy design; tax optimisation.
  DOI: 10.1504/IJPLAP.2024.10063691
   
  
• Clarification of legal solutions to prevent organisational bullying in Iranian organisations  
  by Zahra Nikkhah-Farkhani, Mohammad Bagher Moghaddasi 
  Abstract: This research delves into organisational bullying in the Iranian governments executive bodies, underlining its significant impact on employees mental well-being and overall organisational health. It emphasises the economic and psychological implications for employees, stressing the importance of a comprehensive understanding and effective interventions to tackle this prevalent workplace issue. The study employs qualitative research by analysing 1459 legal articles related to employee behaviour, revealing a diverse legal landscape covering forms of bullying like verbal abuse, physical harm, and threats. Legal provisions identified align with an organisational bullying questionnaire, emphasising the need for tailored strategies to address this critical issue effectively. The findings underscore the importance of robust legislation in combating organisational bullying, highlighting its role in improving the work environment and reducing adverse effects on employee health. It offers valuable insights for organisations and policymakers, stressing the need for legal frameworks to prevent organisational bullying, an essential aspect of workplaces.
  Keywords: organisational bullying; legal frameworks; workplace environment; employee well-being.
  DOI: 10.1504/IJPLAP.2024.10063879
   
  
• Understanding the effects of the Jal Jeevan Mission on livelihoods and quality of life in Surat City, Western India: a PLS-SEM-based study  
  by Gopal Goswami, Himanshu Bagdi, Latika Sharma 
  Abstract: The study aims to assess the impact of the Jal Jeevan Mission in the urban setting of Surat City, Gujarat. The Jal Jeevan Mission (JJM) is a significant endeavour to ensure equitable availability of potable and uncontaminated water, potentially bringing about substantial societal changes and enhancing quality of life. The study provides a comprehensive knowledge of the impact of the mission by examining improvements in water accessibility, public health outcomes, behavioural changes, and socio-economic factors. This study uses quantitative research methods to investigate the impact of the JJM on the general welfare and standard of living of Surat’s citizens. The data was collected from 399 respondents using a self-administered questionnaire from the residents of Surat City. To the best of the author’s understanding, the study with constructs like livelihood, well-being, infrastructure and services’ impact on people’s livelihood concerning Pradhan Mantri Jal Jeevan Mission is novel in the context of India.
  Keywords: Jal Jeevan Mission; JJM; water resource management; sustainable development; rural development; water conservation; water quality improvement.
  DOI: 10.1504/IJPLAP.2024.10064003
   
  
• Forests in flux: a critical examination of the historical evolution of forest laws and policies in British and post-British India  
  by Taniya Malik 
  Abstract: This article critically analyses the evolution of forest laws and policies in India, from the colonial era to the present day, to identify historical gaps and errors that have resulted in the degradation of Indian forests. The author seeks to identify the drivers of change in the state’s approach towards forest governance, the factors impeding effective forest conservation, and analyse the socio-economic impacts of different instruments on the forest-dwelling and forest-dependent communities. This study also seeks to answer research questions related to the key drivers behind the adoption and evolution of forest laws and policies, the influence of British colonial policies and laws on post-independence forest laws and policies, the impact of forest laws and policies on the rights and livelihoods of forest-dependent and forest-dwelling communities, and the evolution of forest laws and policies to address emerging challenges such as climate change, biodiversity loss, and ecosystem degradation. The study utilises doctrinal research methodology, incorporating historical, analytical, and critical legal research tools. Through the findings of this research, the author aims to guide the development of more effective forest policies in India in the future.
  Keywords: forest laws and policies; forest governance; forest conservation; rights of forest-dwelling communities; forest-people interface; India.
  DOI: 10.1504/IJPLAP.2024.10064062
   
  
• Comparison of provisions on detention for children in international law and Vietnamese law from Ho Chi Minh City practice and some recommendations  
  by Thuyen Duy Trinh, Anh Thi Nguyen 
  Abstract: The alignment between investigation durations and detention measures is a central theme in the Criminal Procedure Code 2015, particularly concerning individuals under the age of 18. The current Code presents inconsistencies, with detention periods for under-18s restricted to two-thirds of the adult duration but a lack of equivalent adjustments in investigation timeframes. This paper underscores the necessity for congruent durations to ensure legal coherence and safeguard the rights of this younger age group. Drawing on the principles of the Convention on the Rights of the Child, it advocates for harmonised durations to reduce potential rights violations and emphasises the need for subsequent research to assess the practicalities of such changes. The ultimate objective is to promote an efficient legal framework centred on the best interests and rights of the child.
  Keywords: detention; children’s rights; CRC; juveniles.
  DOI: 10.1504/IJPLAP.2024.10064111
   
  
• Bridging legal frameworks: assessing the potential impact of Nigeria's ratification of the United Nations Convention on the International Effects of Judicial Sales of Ships on Nigerian Maritime Law  
  by Damilola I. Osinuga 
  Abstract: This article investigates the potential implications of the United Nations Convention on the International Effects of Judicial Sales of Ships (the Beijing Convention) and its recognition for Nigerian jurisprudence. The Convention, which was finalised by the United Nations Commission on International Trade Law and other international organisations, was signed on September 5, 2023, in Beijing, China. This convention aims to establish a comprehensive framework for recognising and enforcing foreign judicial sales of ships. This article explores the alignment of Nigerias existing legal framework for judicial sales with the Beijing Convention and assesses the necessity of domesticating the Beijing Convention within the Nigerian legal system. Through an analysis of relevant Nigerian legislation and scholarly discourse, this study evaluates the potential benefits, challenges, and opportunities arising from the Beijing Convention on Nigerian jurisprudence. The findings aim to contribute to the ongoing discussions on harmonising international maritime law as well as provide valuable insights for policymakers and scholars interested in the intersection of maritime law and cross-border judicial sales.
  Keywords: judicial sale; enforcement; recognition; ships; Nigeria; Maritime Law; Beijing Convention.
  DOI: 10.1504/IJPLAP.2024.10066532
   
  
• Broadening judicial protection against failures to act? - Recent Hungarian developments  
  by István Hoffman, Krisztina F. Rozsnyai 
  Abstract: The paper analyses some layers of failures to act in public administration, both in individual administrative cases and in the field of providing public services. After analysing the theoretical background of the legal regulation and major European approaches, it is clear that failures to act in individual administrative cases can be handled by solutions within public law. For failures within the provision of public services, however, there are different solutions, as these services have a strong link to human rights as well as personality and privacy rights, so even judicial protection through private law can apply. Based on the new system of legal protection setup some years ago in Hungary, the paper investigates whether the new Hungarian regulation is in line with European principles and patterns. It will show that court procedures cannot replace internal-administrative remedies and a web of remedies offers the most effective protection against failures.
  Keywords: administrative silence; educational segregation; failure to act; procedural errors; public service provision; secondary protection; Hungary.
  DOI: 10.1504/IJPLAP.2024.10066623
   
  
• The use and misuse of Strasbourg case-law by a constitutional court: the case of Kosovo  
  by Enver Hasani, Perparim Gruda 
  Abstract: The Kosovo Constitution requires that its human rights provisions be interpreted consistent with the decisions of the European Court of Human Rights. But an unprecedented reliance on ECtHR case-law has led to deni de justice in four randomly selected rulings of the nations constitutional court. The Court classified the decisions as reopening proceedings cases, then wrongly stated that Article 6 ECHR does not apply to such cases. Through a comparative approach, this article argues that the Kosovar court used Strasbourg case-law in an arbitrary and inappropriate manner. The national court placed itself in the shoes of the Strasbourg tribunal and cited rulings for what they do not say. The Kosovar adjudicator abstained from its constitutional jurisdiction, effectively calling non liquet and denying justice to the aggrieved.
  Keywords: constitutional court; reopening proceedings; precedent; case-law; Strasbourg Court; European Court of Human Rights; ECtHR; European Convention on Human Rights; ECHR; Constitution of Kosovo; non liquet; déni de justice; petitum; human rights; fundamental freedoms; Kosovo.
  DOI: 10.1504/IJPLAP.2024.10066625
   
  
• Consumer law and asymmetric information: a brief revision from the Peruvian and Ecuadorian experiences  
  by Ruben Mendez-Reategui, Dayana Madrid Villacís, Edison Tabra Ochoa, Gonzalo Lascano Baez 
  Abstract: The article aims to identify the theoretical justifications that inspire the right to consumer information protection in Ecuador and Peru. From the methodological point of view, the article proposes a theoretical-conceptual study of the principle of consumer information from a legal and economic perspective. The article is divided into three sections: First, it develops the definitions of consumer information and the guidelines on informational asymmetries and other relevant related aspects. The second part presents an analysis of the problems associated with the use and availability of information, which is essential for the understanding of its application in the legal sphere, understood as the protection of the right of access and consumer protection. The third part refers to the notion of trust in information as a fundamental element for the legal understanding of consumer relations in the market and the behavioural incentives that become manifest on it.
  Keywords: consumer law; asymmetric information; public policy; consumer protection and rights; market process.
  DOI: 10.1504/IJPLAP.2024.10066863
   
  
• Fragmentation in International Energy Law: managing an inevitable phenomenon  
  by Hojjat Salimi Turkamani 
  Abstract: International Energy Law (IEL) in its process of gradual development and evolution has faced the phenomenon of fragmentation in terms of norms and institutions. Normative fragmentation is the logical consequence of the diversification of energy resources, the pursuit of national interests and the intersection of energy issues. Likewise, the reactive basis for the establishment of international organisations and the lack of a global energy organisation with comprehensive jurisdiction cause institutional fragmentation in IEL. This two-dimensional fragmentation leads to conflict or overlap between environmental, economic and political rules and institutions of energy law. The question is how this inevitable issue can be solved? This paper shows that normative fragmentation can be resolved on the basis of traditional VCLT principles, including the harmonious interpretation and supremacy of economic norms over others. But more initiative is needed in the management of institutional fragmentation. The article argues that the creation of world organisation with comprehensive jurisdiction, the preference of energy economic organisations and the creation of hybrid energy organisations are appropriate solutions for managing the institutional fragmentation, respectively.
  Keywords: International Energy Law; IEL; normative fragmentation; institutional fragmentation; coherence; efficiency.
  DOI: 10.1504/IJPLAP.2023.10058002
   
  
• Multi-party suits in Tanzania: a case for class actions  
  by Naufal Kitonka 
  Abstract: Multi-party suits in Tanzania can take different forms such as joinder, representative actions and public interest actions. However, representative actions are currently the main procedures for handling claims for compensation involving large groups of similarly affected victims. Generally, multi-party procedures have the great potential to provide parties with an effective remedy. However, in order for these procedures to effectively play that role, they should be convenient, properly managed and clearly provided for in the legislation. This article examines the legal framework in Tanzania concerning multi-party procedures. It shows that strict adherence to the same interest and locus standi requirements makes multi-party procedures too restrictive to interested parties who wish to litigate suits on behalf of others. In order to guarantee the proper management of multi-party suits, a case for class action rules is made, which in this study are used in a narrow sense to mean procedures that provide flexibility of locus standi to numerous parties, both known and unknown, with common issues in fact or law. Finally, a reform of the legal framework is recommended so that class action rules are enacted in the form of regulations or a specific law.
  Keywords: multi-party suits; Tanzania; representative suits; class action suits.
  DOI: 10.1504/IJPLAP.2023.10058650
   
  
• Right to freedom during COVID-19: a study of Article 19 of the Indian Constitution in light of COVID-19  
  by Karun Sanjaya, Mohammad Saleem, Utsa Sarkar 
  Abstract: The year 2019 ended with a virus that is believed to be the first sought in the Wuhan Province of China. The ensuing epidemic was not limited inside China's borders, and it went on to infect huge populations in other countries as well. On January 30, 2020, it was proclaimed a public health emergency of international concern, and on March 11, 2020; it was declared a pandemic. As a preventative step against the COVID-19 pandemic in India, the government imposed a statewide lockdown on March 25, 2020, restricting the mobility of the whole population. Services of everyday use such as transportation were suspended to contain the spread of the virus. Although necessary, these measures threatened people's fundamental rights. This paper discusses the interference with the fundamental rights of the common people, specifically those under Article 19 of the Constitution of India, caused by the government's nationwide lockdown.
  Keywords: pandemic; COVID-19; lockdown; fundamental rights; Article 19.
  DOI: 10.1504/IJPLAP.2023.10059727
   
  
• The good governance of community development based on hamlet system: a case study in Condongcatur village, Indonesia  
  by Nuryanto, Sugiyanto, Darusalam 
  Abstract: This research emphasises the understanding of the good governance of Condongcatur village as the first village in Indonesia that led to successful Hamlet-based community development. This study was conducted by qualitative approach research as well as data collected by literature study, observation, and interviews. Primary and secondary data are integrated into the content analysis. Data validity was assessed using credibility, transferability, and conformability tests. The case studies were conducted in Condongcatur village. The results showed that the policies were very effective, efficient, and right on target because the focus of development was adjusted to the needs of the community at the Hamlet level. The constraints of each Hamlet were various levels of knowledge, the program, implementation accuracy, and accountability. This study has captured the best practice of Hamlet-based community development in Condongcatur village that might be adopted and implemented in other regions in Indonesia.
  Keywords: good governance; community development; hamlet system; public policy; Indonesia.
  DOI: 10.1504/IJPLAP.2023.10061166
   
  
• The impact of Washington Consensus rules on the guarantee of constitutional social rights in a comparative perspective in Latin America  
  by Oscar Sumar, Andrea Villanueva 
  Abstract: Using quantitative and qualitative methods, this study examines the relationship between economic policy approaches, and the supply of public utilities and merit goods in ten selected Latin American countries. Focusing on the 'extreme cases' of Chile, Peru, Venezuela and Bolivia, the article employs a comprehensive analysis of dozens of constitutional provisions, economic and constitutional literature, illustrative case studies to assess the effects of various policy options directed to make people enjoy greater well-being. The results indicate that adherence to economic orthodoxy, as expressed by the Washington Consensus, appears to have a greater impact on the provision of fundamental goods and services, as a trend in the ten countries.
  Keywords: Washington Consensus; economic orthodoxy; economic heterodoxy; economic growth.
  DOI: 10.1504/IJPLAP.2023.10060509
   
  
• The role of local experts in the constitution-building process: the case of Indonesian Constitutional Commission  
  by Bambang Suryowidodo, Indra Perwira, Ali Abdurahman, Mudiyati Rahmatunnisa 
  Abstract: In contrast to their foreign counterparts, the role of local experts is rarely discussed in the literature concerning constitution-building, this difference largely due to the assumption that it is difficult for local experts to act independently of the interests of political actors during the constitution-building process. In this study, we examine the role of the Indonesian Constitutional Commission - an institution of experts established during the Indonesian constitutional amendment process from 1999 until 2002 - as the main case study. Although many Indonesian scholars consider the Commission a failed project due to its failure to influence the outcome of the amendment process and to act independently of the influence of political actors, this paper finds that the aforesaid institution did succeed in strengthening the legitimacy of the amended 1945 Constitution among some elements of society - especially activists and academics - which in turn has also facilitated the success of Indonesia's transition to democracy.
  Keywords: local expert; constitution-building process; the Indonesian Constitutional Commission; the amended 1945 Constitution.
  DOI: 10.1504/IJPLAP.2025.10067960
   
  
• Sustainable management of petroleum resource revenues: an exploration of Ghana's institutional options  
  by Abdallah Ali-Nakyea, Hussein Salia, Bayuasi Nammei Luki, Esther Asiedu 
  Abstract: The study explores sustainable management practices as well as the relationship between institutional factors and the sustainable management of oil revenues in Ghana. Close-ended questionnaires were used to collect primary data among the revenue management institutions in Ghana. The study used a simple random sampling technique to analyse the 116 valid responses. The result reveals a significant positive relationship between regularity quality (RQ), government effectiveness (GE), voice, transparency and accountability (VTA) and sustainable management of petroleum resources. To ensure sustainable management of petroleum revenues, governments must strengthen institutional factors and collaborate with Public Interest and Accountability Committees to curtail likely misappropriation of oil proceeds. Though this study is the first to explore and ascertain the relationship between institutional factors and long-term management of oil revenues in Ghana, it was not able to fully unpack all the channels through which petroleum revenues are astutely managed.
  Keywords: sustainable management; petroleum revenues; exploration; institutions; Ghana.
  DOI: 10.1504/IJPLAP.2023.10061045