International Journal of Public Law and Policy

Willis, Nathan

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.065208

The Myanmar Parliament has passed the Farmland Law and the Vacant, Fallow, and Virgin Lands Management Law. Both pieces of legislation form part of a legislative response as Myanmar (Burma) emerges from a sixty-year period of chronic armed conflict. Part 2 of this paper outlines the underlying grievances associated with land disputes with a focus upon Kayin (Karen) and Rakhine (Arakan) states. Part 3 critically analyses the relevant constitutional and legislative framework and the role of parliamentary bodies in light of these underlying grievances. Part 4 adopts a comparative stance and considers the approach taken in Kenya as it has sought to address similar issues. Finally, Part 5 reflects upon the role that constitutional and legislative reform in relation to land disputes plays in the ongoing development of the substantive rule of law in Myanmar (Burma).

Wisuttisak, Pornchai

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.065209

This paper aims to study how competition law helps facilitate the process of EU electricity liberalisation and study the use of competition law on the liberalised EU energy market. This paper provides an overview of competition law regarding to purposes of EU competition law and articles 101, 102 and 106 of EC Treaty on the Functioning of the European Union. The paper explores the role of competition law on EU electricity market liberalisation and focuses on the three main directive packages that transform EU electricity market towards competition. It further explores competition law enforcement that facilitates the structural change in EU electricity sector and discusses how the EU Competition Commission utilise the competition law to decrease market barriers in EU electricity sector. Finally the paper focuses on possible issues for competition law on EU electricity sector, especially on merger and acquisition cases. The last part provides conclusion of the paper.

Phooko, Moses Retselisitsoe

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.065210

Public procurement process has to inter alia comply with the principles of fairness and transparency. If it does not comply with one of the principles mentioned above, an aggrieved person may challenge the award of that tender on the grounds that there was an act of irregularity in the award of the tender. It is in this context that the Supreme Court of Appeal (the SCA) decision in Allpay Consolidated Investment Holdings (Pty) Ltd and others v Chief Executive Officer of the South African Social Security Agency and others 1 2013 (4) SA 557 (SCA) is evaluated. The paper argues that non-compliance with a tender regulation, regardless of the degree of non-compliance, renders the award of the tender invalid. Therefore, the SCA erred in holding that a “procurement process should not be invalidated for minor, inconsequential flaws”.

Prihandono, Iman

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.065211

This article aims at analysing factors that influence the changing response of the Indonesian Government to investor-state arbitration claims where public interest issues are involved. This article finds that the government strategy in responding to arbitration threat has been shifting over time. This shift may be found in two different phases. The first phase is when the government tends to avoid arbitration. The second phase is when the government is confident with its position and the result of the arbitration proceeding. This article argues that the combination of two factors contributes to the shift of government response, these are: 1) stable increases of FDI inflows and favourable investment climate; 2) Indonesia’s strategic position in the world’s competition for energy resources. All of the cases analysed in this article are related to the operation of TNCs in the natural resources sector. This particular sector is generally known as to have the highest potential to hamper public interest. Therefore, the shift of government response is a good signal and a promising development that the government will tend to protect the interest of the public, particularly when the public interest is in conflict with the interest of foreign investors.

Liu, Guofu

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.065212

The Law of Exit and Entry Administration of China 2013 is the foremost law in international migration area in China, and the biggest overhaul of China’s exit and entry administration law since 1985. This law not only regulates China’s exit and entry administration, but also promotes China’s foreign exchanges and opening to the outside world. This law has deficiencies resulting from insufficient consideration of lessons learned from migration laws in developed states and regions, the absence of full public discussion and exchange of views on the draft law, as well as insufficient consideration of the concerns of academics and individual stake holders.

Blazey, Patricia

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.065213

The article undertakes an analysis of the problems that had to be overcome before the Wet Tropics World Heritage Area in North East Queensland gained its listing as a World Heritage Area in 1988. It demonstrates how differing political views and the power of self-interested groups supported by political parties can thwart the sustainable management and protection of a valuable natural resource even in a developed country such as Australia.

Rahman, Nasarudin Abdul ; Ahamat, Haniff ; Jalil, Juriah Abd

2014 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2014.065214

The objective of a competition law is to protect the process of competition between firms in the market by preventing any anti-competitive behaviour such as cartel, abuse of dominant position and mergers that have the effect of lessening competition. However, it is often argued that network industries such as telecommunication should be excluded from the application of the generic competition law, as it has particular characteristic such as natural monopoly, the existence of high entry barriers and absence of effective competition in the market which requires continuous monitoring of the market in the form of access regulation and price control. This paper aims to analyse the existing regulatory and institutional framework overseeing competition in the Malaysian telecommunications sector. The main focus of this paper is to analyse the manner in which competition is pursued through specific sector regulation and whether specific rules on competition are effectively and rigorously enforced. This paper then explains the benefits that will arise from the application of the generic competition law to the telecommunication sector and from increasing the role of the competition authority to regulate the same.