Reform of Banking Laws and Regulations in Iran

2021 ◽  
Vol 3 (4) ◽  
pp. 1-110
Author(s):  
Ardeshir Atai
Keyword(s):  
International Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Law Reform ◽  
Reform Process ◽  
Reform Initiatives ◽  
Money Markets ◽  
The Rule Of Law ◽  
Banking And Finance ◽  
International Financial Architecture

Abstract The law reform process entails government policies and plans for the liberalization, privatization and deregulations of the economy including the banking and money markets. The International financial institutions (IFIs), International Development Agencies (IDAs) and the International Financial Architecture have pioneered law reform initiatives based on the rule of law practice and good governance. The dominant theory advocated by Perry-kessaris postulates that a sound legal system is attractive for foreign direct investment (FDI). The bilateral investment treaties (BITs) contain international law standards which can be used as a model for reforming laws and institutions in the host state including prudential regulation of banking and finance. Iran – a resource-rich country has signed many BITs with capital-exporting countries indicating its willingness to enforce the rule of law on the international level.

UN Peacekeeping and the Rule of Law

2020 ◽  
pp. 1-18 ◽  
Author(s):  
ROBERT A. BLAIR
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Good Governance ◽  
Law Reform ◽  
The Rule Of Law ◽  
Un Peacekeeping ◽  
The Impact ◽  
The Relationship

The UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings. Yet despite the importance of the rule of law for peace, good governance, and economic growth, evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law reform is likely to succeed, then test the theory using original datasets capturing the number of civilian personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is strongest when UN missions engage host states in the process of reform.

scholarly journals A human rights-based approach: A gate to development of African women's land rights?

2012 ◽  
Vol 2 (1) ◽  
pp. 99-123 ◽  
Author(s):  
Karin Tengnäs
Keyword(s):  
Human Rights ◽  
International Development ◽  
Rule Of Law ◽  
Large Scale ◽  
Good Governance ◽  
Development Cooperation ◽  
The Rule Of Law ◽  
Land Acquisitions ◽  
Large Scale Land ◽  
Human Rights Based Approach

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.

Caught between ideal and reality: A study on occupational burnout among inside-system legal professionals under the rule-of-law reform in contemporary China

2017 ◽  
Vol 3 (4) ◽  
pp. 581-613
Author(s):  
Xiangyang Bi
Keyword(s):  
Cognitive Dissonance ◽  
Rule Of Law ◽  
Cognitive Theory ◽  
Legal Reform ◽  
Job Burnout ◽  
Law Reform ◽  
Reform Process ◽  
Occupational Burnout ◽  
The Rule Of Law ◽  
Legal Professionals

This paper analyzes job burnout of inside-system legal professionals under the rule-of-law reform in China and its possible causes. Social cognitive theory, including cognitive dissonance, expectancy theory, and social comparison theory, provides the analytic framework for this study. The conclusion reveals a relatively high level of job burnout among inside-system legal professionals in China. Further analysis indicates that the individual’s commitment to the rule of law, confidence in the legal reform, and practice of non-rule-of-law in daily work are influential factors affecting his/her job burnout levels. Importantly, the interaction coefficients between these variables are statistically significant, clearly demonstrating that the discrepancy between expectation and reality is one of the root causes of job burnout in the legal profession. The discrepancy causes cognitive dissonance and psychological imbalance. At a theoretical level, this finding opens a new way of examining a particular type of occupational burnout. It shows that under the rule-of-law reform, Chinese inside-system legal professionals exhibit cognitive dissonance between ideals and reality, which constitutes a micro-political psychological basis for organizational change as speculated by neo-institutionalists and, in turn, reveals insights that may help us to understand the legal reform process within the bureaucratic system.

scholarly journals The grabbed state: lawyers, politics and public land in Kenya

2012 ◽  
Vol 50 (3) ◽  
pp. 467-492 ◽  
Author(s):  
Ambreena Manji
Keyword(s):  
International Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Profession ◽  
Development Aid ◽  
Public Land ◽  
The Rule Of Law ◽  
Land Grab ◽  
International Development Aid

ABSTRACTIn 2002, Kenya's new National Rainbow Coalition (NARC) undertook to investigate and ensure the recovery of all public lands illegally allocated by the outgoing government. A Commission of Inquiry into the Illegal and Irregular Allocation of Public Land, chaired by the lawyer Paul Ndung'u, was appointed. The commission's report sets out the illegal land awards made to powerful individuals and families, provides important information about the mechanisms by which public land was misallocated, and shows how the doctrine that public land should be administered and allocated ‘in the public interest’ was consistently perverted. This paper explores what the Ndung'u report tells us about the role of the legal profession in the illegal and irregular misallocation of public land. It makes clear that the legal profession, far from upholding the rule of law, has played a central role in land corruption, using its professional skills and networks to accumulate personal wealth for itself and others. This stands in contrast to the role of the legal profession in promoting good governance and the rule of law envisaged by donors of international development aid. This paper focuses on ‘local’ land grabbing, and argues that the ‘global land grab’ or ‘investor rush’ needs to be understood alongside local manifestations of land privatisation.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

The Clinton Administration and Africa: A View from Nairobi, Kenya

1998 ◽  
Vol 26 (2) ◽  
pp. 70-74
Author(s):  
Korwa G. Adar
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Rule Of Law ◽  
Driving Force ◽  
Good Governance ◽  
Clinton Administration ◽  
African Continent ◽  
Post Cold War ◽  
The Rule Of Law ◽  
Human Rights Movement

There is nothing more fundamental to Africans who are concerned with the future of the African continent than the issues of democracy, human rights, good governance, and the rule of law. These basic human liberties, among other concerns, constitute the central driving force behind what is often referred to as Africa’s “second liberation.” The primary purpose of this article is to assess the Clinton administration’s role in this second liberation, particularly in terms of its involvement in issues of democracy and human rights. This assessment is offered from the perspective of an individual who has been directly involved in the prodemocracy and human rights movement in Kenya. This article focuses on whether the Clinton administration’s policies are still heavily influenced by classic U.S. conceptions of realpolitik, or if enlightened leadership more in line with a neo-Wilsonian idealpolitik—as official rhetoric suggests—has permitted a fundamental departure in favor of a more coherent and tangible democracy and human rights foreign policy stance in the post-Cold War era.

scholarly journals The Region Governance Review of Barru Regency to Actualize Good and Clean Governments

2020 ◽  
Vol 1 (2) ◽  
pp. 61-69
Author(s):  
Aksah Kasim ◽  
Andi Heridah
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Regional Governance ◽  
Regional Autonomy ◽  
The Rule Of Law ◽  
Strategic Vision ◽  
The Government

The factors of the region governance review of Barru regency to actualize good governance and clean government are the region the government have not applied the equity properly and optimally, uphold the rule of law, worked effectively, effectiveness, and accountability, and formulated and implemented the strategic vision. This study is expected to explain, find, and describe the regional governance review in Barru Regency to actualize for good governance and clean government in the implementation of regional autonomy.

Sign in / Sign up

Export Citation Format

Share Document