International Journal of Public Law and Policy

Sorte, Waldemiro Francisco

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.063003

This paper argues that the tendency of the Japanese society not to rely on litigation as a means of dispute resolution have a negative impact on access to justice for minority groups. Along with social mobilisation and political participation, filing a lawsuit represents an important way for these groups to claim and enforce their rights. Hence, this paper emphasises the need to improve legal awareness and access to justice for minority groups in Japan to enhance their living conditions and social inclusion. It discusses some of the reasons for the Japanese inclination towards non-litigation and examines the main advantages of improving access to justice for minority groups. In addition, it presents a historical overview of the burakumin situation in Japan, highlighting some of the discriminatory practices they are subjected to, in order to show that the legal empowerment of this minority group is pivotal to help reducing discrimination and improving their inclusion into Japanese society.

Mushkat, Roda

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.063004

Constructivism has proved to be a powerful tool for dissecting international legal and political phenomena, such as sovereignty. However, like the intellectual paradigms which it seeks to complement, perhaps even unrealistically to supplant, this framework possesses limited explanatory power when proponents shun ideas from other sources and refrain from engaging in theoretical bridge-building. Identity economics has the potential to bring about cross-fertilisation between divergent schools of thought and, as China’s experience selectively illustrates, place the empirical study of sovereignty on a firmer analytical footing.

Amerjee, Ali

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.063005

In the post market liberalisation era in the 1990s, Indian corporates required foreign capital to fuse with the globalised market. The Indian Central Government and Central Bank – the Reserve Bank of India initiated impromptu schemes to permit external commercial borrowings (ECBs). In this paper, the author focuses on one such ECB instrument – Foreign Currency Convertible Bonds (FCCBs). The author explains the concepts behind FCCBs, advantages and disadvantages for issuers and investors, the regulatory framework and associated taxation and redemption policies. However, when world markets were devastated by the economic downturn, Indian companies did not remain completely insulated. They had neither envisaged a bearish market nor redemption of their FCCBs. This conundrum was exacerbated when companies could not service their debt. This paper analyses this crisis and the solutions that have been and could be resorted to by companies and provides an insight into the measures taken by the Reserve Bank of India. Subsequently, it elucidates the current scenario with examples from the Indian market to show how companies are trying to alleviate themselves from such plight. The author then concludes how the short sightedness, partly by the corporates and partly by regulators led to such a crisis. This paper seeks to make suggestions to circumvent such a catastrophe again.

Smith, Katherine Taken ; Martin, Hannah M. ; Smith, L. Murphy

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.063006

Human trafficking is the exploitation of people as property for forced labour, sexual exploitation, and organ trade. Human trafficking is a major crime industry, generating about $32 billion in revenues annually. This study examines the global scope of human trafficking and its negative effect on world society. This study tests the relationship between human trafficking and a country’s level of corruption. Results indicate that higher levels of corruption are associated with higher levels of human trafficking. Corruption though is only one factor in human trafficking; ultimately, ending human trafficking requires changing peoples’ attitudes and actions. Human trafficking exists because there is a demand for the products and services connected to it.

Mapuva, Jephias

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.063007

While different regional economic communities (RECs) have sought to grapple with economic and political challenges within their areas of jurisdiction, those of the SADC are unique in that they are inundated with many and varied such challenges. These challenges have negatively impacted on the region’s propensity to provide economic benefits to the people of the region, unlike other groupings which have identified ways of dealing with their challenges. Among the most prevalent challenge to SADCs economic development has been the low gross domestic product (GDP) that has characterised the region’s economic standing. Most importantly, the different challenges in the SADC have cumulatively impacted on the region’s economic integration, although the conditions created by the region’s members’ small economies would have been ideal for regional economic integration and development.