International Journal of Public Law and Policy

Smith, Nucharee Nuchkoom

2015 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2015.067776

Two potentially competing trading blocs are being negotiated between countries of the Asia Pacific to boost world trade in the absence of progress with the Doha Round of World Trade Organization negotiations. One is the Trans–Pacific Strategic Economic Partnership Agreement (TPP) in which all negotiating parties are also members of Asia–Pacific Economic Cooperation (APEC). This paper outlines the two proposals and discusses some of the expectations of the negotiating parties. It is clear that the TPP concept has led to a number of concerns being raised by the negotiating parties, invitee countries, and external parties including those with vested interests in the outcome of these negotiations. The RCEP concept which is essentially a large multi–lateral free trade agreement raises less concern. The paper then discusses the dilemma facing Thailand which for centuries has been a trading nation and was a founding member of the World Trade Organization. Subsequently Thailand has negotiated a number of bilateral and multilateral free trade agreements. As a leading member of Association of South East Asian Nations (ASEAN) Thailand has sought to engage in free trade agreements with its ASEAN neighbours and their external trading partners.

Halomoan, Kristianto Pustaha

2015 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2015.067777

The World Trade Organization (WTO) is an organisation that intends to supervise and liberalise international trade. However, not many people realise that trade is a powerful ally of sustainable development. The WTO's founding agreement recognises sustainable development as a central principle. The purpose of trade liberalisation and the WTO's key principles of non–discrimination is a more efficient allocation of resources. WTO recognises that relation in the field of trade and economic endeavour should be conducted with a view to raising standards of living and human welfare. Article XX GATT has introduced general exceptions for GATT regulations that might support the ideas of sustainable development in international trade under WTO regime. However, the implementation of sustainable development was not clearly defined and mostly considered as a barrier of international trade. This paper tries to find out, how far the implementation of sustainable development can be exercised at international trade under WTO regime.

Ogbuabor, Chukwunweike A.

2015 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2015.067778

This paper examines the application of the alternative remedy rule by Nigerian courts especially the Supreme Court. The paper compares the Nigerian practice with the English courts' practice. The paper finds that Nigerian courts have not been consistent and that the application of the alternative remedy rule by Nigerian courts obstructs access to justice. The paper therefore calls for a rethinking of the alternative remedy rule in Nigeria and also offers a way of resolving the mass of conflicting decisions already produced by the Supreme Court on the matter.

Mojsoska, Snezana

2015 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2015.067779

This paper analyses the statistics and reports dealing with various aspects that link e–money and money laundering, in order to identify the major challenges and possible solutions to the problem of electronic money laundering. Though referred to as electronic money laundering, this does not differ from the classical money laundering. The research in this paper proves that e–money laundering in Macedonia is a matter of a future analysis because at the moment electronic payments are little used, and the internet is poorly used specifically for payments, etc. Macedonia has no regulations that control or prevent e–money laundering. This paper will provide recommendations to improve the prevention of e–money laundering in Macedonia, such as the establishment of appropriate bodies and procedures to operate and control the international e–payment systems, of regulatory authorities to monitor the activities of these systems through the implementation of a framework for user registration and identification, etc.

Harijanti, Susi Dwi

2015 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2015.067781

Following the dramatic changes caused by the financial crisis in 1997, and the transition from authoritarian government to more democratic system which marked the era of reformasi, the issue of governance dominated the public discourse in Indonesia. Previously characterised by 'the state–centrism' which led to the practice of 'bad governance' and resulted in the dysfunction of governance system, the governance system has been transformed to be more accommodative to public participation. Indonesia's reformasi activists demand the principle of good governance should be the basis of any Indonesian law reform. In practice, the changes give impact to the three main aspects of governance system, including policy, state institutions, and the relation between the state and its people. In this paper, I argue that changing paradigm on governance is fundamental to the 'formal' improvement of governance system. However, its chances to be fully realised are slow and difficult due to several competing interests between, on the one hand domestic or internal political pressures and, on the other hand, external or international factors.

Sibanda, Omphemetse S.

2015 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2015.067782

Developing and least developed countries, including countries in the sub–Saharan African (SSA) region, for example, are 'collapsing' under the pressure of the liberalised international economic environment which is characterised by the increase of food prices. For instance, it is reported in the United Nations Food and Agricultural Organisation (FAO) Food Price Index that food prices peaked in February 2011, the highest level recorded in both real and nominal terms since January 1990. It is estimated that nearly one billion people go hungry every day, and that in SSA almost one in three people suffers from hunger. Approximately about 1.5 million South African children suffer from hunger and malnutrition, and that about 14 million people are vulnerable to food insecurity with about 43% of households suffering from food insecurity. The 2012 the United Nations Development Programme (UNDP) Africa Human Development Report shows that rapid economic progress and liberalisation in Africa has not brought food security for the substantial proportion of the population still gripped by hunger.