International Journal of Public Law and Policy

Carducci, Michele ; Bruno, Anna Silvia

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.057882

The paper analyses the role of the BRICS Countries, the New Leading Powers on the global scenario. The BRICS Countries are not a supranational legal order, nor an international organisation or a simple interlocutory summit. They can be described as a 'legal network' able to produce legal flow of policy transfer and constitutional borrowing. As an international 'atypical' subject, as a 'soft', 'fragmentable' model, they represent an alternative to the imitation of the mono continental and multilevel 'hard' EU regional structure and contribute to the 'fragmentation' of international law and European law itself. Furthermore, as a knowledge producer, the BRICS phenomenon it is creating new parameters, new bonds, new opportunities, strongly affected by the 'scale of values' of each single country.

Evaghorou, Evaghoras L.

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.057883

The offensive realism theory, on the basis of political realism as a broader view of studying the international relations, supports that the offensiveness of states is an intrinsic element of the system’s structure. Analysing this hypothesis, we draw conclusions about the validity of the current position’s methodological process. Testing the validity of the assumption we use a comparative analysis between the classical realistic position for human’s bad nature and the thesis of structural realism for the systemic need to pursue power. Following the comparison of these two opposing positions, we examine the dilemmatic version of war and peace and we underline the importance of the term balance of power for keeping the stability in the system.

Sibanda, Aubrey

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.057884

Zimbabwe’s Indigenisation Economic Empowerment Act 17 of 2007 was gazetted on the 8th of March 2008 and came into effect on the 17th of April 2008. The key objective of the law is for all companies with a share capital above U$500,000 operating in Zimbabwe to arrange for a compulsory surrender of 51% of their shares or interests therein to indigenous Zimbabweans within a period of five years from the promulgation of the Act. 1 The passing of the Act was a subject of contention in the business fraternity with analysts arguing that the legislation will stall the flow of investors into the country. 2 Given the furor generated by the passing of the Act, this paper argues that whilst the economic empowerment of the indigenous population is a noble initiative, the modus operandi to implement the process as defined by the legislation poses a grave threat to the principles that define responsible corporate governance.

Harijanti, Susi Dwi

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.057885

The enactment of Law No. 37 of 2008 concerning The Ombudsman of Republic of Indonesia (Law on ORI) marks the emerging development of the Indonesian Ombudsman System. The new Law was adopted in a context of increasing public demand for better public service and political concerns in regard to existing independent state institutions. Previously governed by the Presidential Decree No. 44 of 2000, the National Ombudsman Commission – typical of executive Ombudsman – was regarded as a mere ‘complaints desk’ and a ‘paper tiger’ as it had a number of serious problems, including legal and non-legal. This article investigates both the legislative and institutional changes that postdate late 2008 within the Ombudsman system. It is argued that the task developing Indonesia’s Ombudsman system remains a ‘work in progress’. An explanation of this argument is provided through the experience of the National Ombudsman and the enactment of new legislation relevant to the function of the Indonesian Ombudsman, including Law No. 14 of 2008 regarding Freedom of Information and Law No. 25 of 2009 concerning Public Service.

Tuba, Maphuti ; van der Westhuizen, Chinelle

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.057870

The ‘know your customer’ (KYC) policy has emerged as an important strategy for a proactive war against money laundering both nationally and internationally. In terms of this policy, financial institutions in most countries are required to identify their clients and the legitimacy of their financial transactions. The main purposes of this policy are profiling the originators of this potentially anti-economic crime as well as tracking the audit trail of any money that flows into our banking systems. However, a closer look at both the international and many of the national anti-money laundering strategies reveals that their regulatory instruments do not address both these purposes for combating money laundering. The question that needs to be asked is whether the buck of KYC policy can effectively stop with financial institutions profiling who their customers are rather than also tracking the trails of money through all the banking systems that money flows into. This paper will analyse both the South African and the international money laundering regulatory frameworks with specific focus on the Financial Action Task Force on Money Laundering and attempts to explore the shortfalls of the KYC policy as an anti-money laundering tool.

Abe, Oyeniyi O.

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.057871

This article explores the policy foundations behind regional trade in Sub-Saharan Africa with particular focus on West Africa and its application in practice. It further explores the important phenomenon such regional trade agreements denotes. This work therefore constructively criticises the relevance of the Economic Community of West African states (ECOWAS) and questions its effect on the primacy of the multilateral trading system established under the WTO. The article outlines the essential characteristics of the ECOWAS Treaty and its attendant exemplary success to the region. In doing this, the scope, coverage and purpose of the agreement are analysed to see if it is inconformity with global trends in international trade, especially the dictates of the WTO. The thematic strand that runs through this work is the hypothetical question whether this Treaty is a building block or stumbling block for the WTO.

Masete, Naledi Thabang ; Duvenhage, Jacques Clarence

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.057886

In recent years, the international community has become more aware of the dangers that money laundering poses. To control the increase in money laundering, a number of initiatives were adopted, for example, the Financial Action Task Force (FATF) on money laundering in 1989. Money laundering activities can occur in any country, but they may have a more significant impact on developing countries with small or fragile financial systems or weak economies that are susceptible to disruption as a result of illicit activities. The new recommendations made by the FATF will be discussed critically with regard to combating of money laundering. This article gives an historical overview of what money laundering entails in South Africa, the typologies thereof as well as the legislation dealing with money laundering. Money laundering is difficult to measure, but a preliminary attempt is made to give recommendations on this global predicament.