International Journal of Public Law and Policy

Aboelazm, Karem Sayed

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.118325

The purpose of this paper is to present the constitutional framework for public policy in the MENA countries and present the different phases in public policy (policy cycle approach) in the MENA countries' constitution, additionally, to explain the main role of public authorities in public policy in each country. This paper used the descriptive approach for the analysis of the concepts of public policy and policy cycle approach. The legal approach is also used in the analysis of the constitutional frameworks governing public policy in the MENA countries. This paper attempted to reach the constitutional background for public policy in each phase and to reach the main role of executive authority, legislation authority, and judicial authority in public policy in MENA countries. This paper will try to answer the following questions: 1) What is the meaning of public policy?; 2) What are the different phases of public policy?; 3) What is the constitutional framework of public policy in MENA countries?

Arisaktiwardhana, Dhandy

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.118327

Environmental labelling is one of the non-market approaches (NMA) to reduce energy consumption and mitigate carbon emissions to meet the Paris Agreement (PA) objectives. Furthermore, observing mitigation actions in the nationally determined contributions (NDC) is a way to ascertain whether the parties have determined environmental labelling. This study examines whether the contribution of mitigation to the NDC as a tool for implementing the PA has used environmental labelling as an NMA approach to reduce GHG emissions. This study proposes the NDC feature guideline. The proposed NDC feature guideline consists of determining labelling objectives, determining where to label the product, choosing a suitable labelling standard, determining suitable environmental aspects for labelling, selecting suitable labelling criteria, choosing sustainable testing standards, choosing a competent laboratory or validation and verification body, performing labelling verification actions and conduct monitoring actions.

Nduhura, Alex; Molokwane, Thekiso; Nakiwala, Sheila; Tshombe, Lukamba M.; Nuwagaba, Innocent

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.118332

Procurement and PPPs have been adopted as a medium of engaging the private sector through contracts and concessions to deliver public services. The force majeure clause has been included in procurement and PPP contracts to limit liability in the event that parties are frustrated for serving their obligations. This study reveals that while the force majeure clause exists in contracts, it requires that parties cite the events that shall constitute force majeure. Based on a review of literature, the study reveals that while COVID-19 was not catered for, it is largely confirmed a pandemic alongside its associated lockdowns. The findings reveal that COVID-19 measures constitute a force majeure event that exposes procurement and PPPs contracts to frustration. However, unlike other force majeure events we recommend that termination due to frustration should be a last resort option due to switching costs and risks especially for the government. This study provides for contract continuity alternative actions that are necessary for continuity of service delivery in existing procurement and PPP contracts in the uncertain COVID-19 times.

Vu, Giao Cong; Vu, Cu Thanh

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.118330

The paper analyses the motivations and processes and the strategies and actions that the Vietnamese Government has applied, and the results achieved recently in building a digital government. The authors believe that the Vietnamese Government has realised the importance of building a digital government with Vietnam's economic development in the context of globalisation. Because of that, it shows high political will and drastic efforts which brought it initial achievements that established the basic foundations for a digital government in Vietnam. The authors demonstrate that, however, the Vietnamese Government is still facing various obstacles in finalising and operating an effective digital government in the country, which stem from limitations of human and financial resources as well as the inertia of the local government officials.

Dabela, Abiyot M.

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.118331

Most favoured nations (MFN) and national treatment (NT) are cornerstones of multilateral trading system designed to ensure fair condition of trade, fair competition and liberalisation purpose of the General Agreement on Tariffs and Trade (GATT) by constraining discriminatory measures that disturbs a competitive relationship between or among 'like' products. Yet, the term like product is defined nowhere in GATT. This article compares and contrasts concept of 'like product' under MFN and NT obligations incorporated in Articles I: 1, III: 2:1, III: 2:2, and III: 4 of GATT as interpreted by panel/appellate body, and analyse the same in light of general rules of interpretation of treaty, purpose of specific provisions under question, and the overall objectives of GATT/WTO. In this paper, I argue that a uniform and broader definition encompassing 'DCS' product be accorded to all aspects of GATT likeness.