Emerald | International Journal of Law and Management

Public international law principles: an Islamic Sufi approach – Part II

Bijan Bidabad — 2012-02-03 00:00:00.0

Abstract

Purpose – Many laws have been derived from the religions' legislations and many of them do not have the capability of uniqueness and publicity, due to a variety of reasons, especially at the level of countries. However, the spirit of legislations is the same and unique in all religions and it is the Tariqah (Sufi path), Sufism, mysticism and ethical beliefs that have been stable and unchangeable for millenniums, and wisdom has accepted and accepts them in all times and locations. Thus, if the international public law is to be defined and designed upon the base of the unique religions' spirit, we will reach a unique law with most publicity. This paper aims to address these issues. Design/methodology/approach – This paper explores the foundation of public international law from the theosophy approach of Islamic Sufism and mysticism. Findings – By raising 38 principles, the paper proposes basic principles of important public international law subjects to prepare a backbone for recompilation of new law in this subject matter. Research limitations/implications – Comparative researches in other religions' Gnosticism will be helpful. Practical implications – These principles can be used for applied debates in the field and become new international law. Social implications – Delicateness, truthfulness, and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this viewpoint, and a new set of laws to be codified. Originality/value – Public international law scholars have not touched the topic from a Sufi viewpoint. This paper opens new challenging arena for those who are engaged in.

Anti-corruption law in local government: Legal issues related to ordinance-design and municipal-level anti-corruption agencies in Macedonia

Bryane Michael, Stephen Mendes — 2012-02-03 00:00:00.0

Abstract

Purpose – Macedonian municipalities should pass anti-corruption ordinances in order to reduce corruption. The purpose of this paper is to review the legal issues involved in drafting such ordinances and provide legal advisors to local councils with the legal and economic analysis needed to tackle some of the more difficult and detailed questions. Design/methodology/approach – The most important issue revolves around the creation of a model ordinance which Macedonian municipalities (or the Association of Units of Local Self-Government of the Republic of Macedonia) could adopt in order to set-up and run municipal-level anti-corruption agencies. The location of such agencies as well as their competencies (to monitor conflicts of interests, oversee asset declarations, and conduct corruption risk-audits among others) are analysed. The paper also provides legal interpretations of Macedonian legislation and their likely impact on municipal council ordinance design in the area of anti-corruption – providing the legal basis for positive administrative silence, the splitting of municipal procurement contracts, and (most controversially) qui tam rewards at the municipal level. Findings – A brief regulatory impact analysis of the ordinance shows a gain of 162,900 in social welfare if such a programme were rolled-out in Macedonia. Originality/value – The present paper provides some of the legal analysis which previous papers lack.

Independence of judiciary in Bangladesh: an overview

Md Awal Hossain Mollah — 2012-02-03 00:00:00.0

Abstract

Purpose – The aim of this paper is to analyze the status of independence of the judiciary in Bangladesh. It is recognized worldwide that an independent judiciary is the sin qua non of democracy and good governance. However, without separation of the judiciary from other organs of the state absolute independence of judiciary is not possible. An attempt has been made in this paper to sketch the brief historical background of judicial system in Bangladesh through analyzing the meaning and basic principles of judicial independence and to what extent these principles exists in Bangladesh. How did the judiciary finally separate from the executive? After separation of the judiciary, what is the status of executive interference over judiciary in Bangladesh has also been evaluated in this paper. Design/methodology/approach – The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government rules, newspaper reports, etc. Relevant literature has also been collected through Internet browsing. Findings – In this study, it has been found that from time immemorial the judicial system of Bangladesh was not completely independent from the interference of the executive branch of the government. It has also been found that from the beginning of the British colonial rule, the question of separation of the judiciary from the executive had been a continuing debate. Presently, even after separation of the judiciary, the interference of the executive over the judiciary is still continuing. Practical implications – This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of the status of judicial dependence in Bangladesh. Originality/value – The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Insider trading in Malaysia; towards an improved regulation

Rokiah Kadir, Suriyani Muhamad — 2012-02-03 00:00:00.0

Abstract

Purpose – This paper aims to gauge the issue of insider trading in Malaysia by assessing some selected statutory provisions under the relevant law and examining the issues of enforcement and prosecution. Design/methodology/approach – The paper analyses relevant legislation pertaining to insider trading. Findings – This paper argues that in order to be an effective regulation, the laws enacted must address the concerns and problems insider trading has given rise to. Contrary to popular impression that insider trading is a settled issue due to the lack of investigation and prosecution cases, the paper unearths a number of findings; first it maintains its contention that the provisions under the Companies Act 1965 are not entirely satisfactory and the latter regulations generally provide more creditable rules with regard to the issue. Further the definition of an insider, the requirement pertaining to the manner the information must be obtained and the enforcement of the law are amongst a number of issues that Malaysia has to address if a more competitive capital market is to be created. Research limitations/implications – Further research could usefully examine the law in the light of investigation cases by the security commission. Practical implications – The paper reveals how insider trading legislation applies in business situations. Originality/value – The insider trading legislation is found out to be far from satisfactory, and this paper attempts to fill in the gaps where there is scarcity of literature on this issue.

Landmark Intellectual Property Cases and Their Legacy

2012-02-03 00:00:00.0

Structure and Effects in EU Competition Law, Studies on Exclusionary Conduct and State Aid

2012-02-03 00:00:00.0

Editorial

2012-02-03 00:00:00.0

2011 Awards for Excellence

2012-02-03 00:00:00.0