The Role of the Legal Structure in the Development of South Asian Tigers

2005 ◽  
Vol 30 (1) ◽  
pp. 51-79
Author(s):  
Sourav Banerjee ◽  
Ashish Kumar Singh ◽  
Sudha Reddy Puppalla
Keyword(s):  
South Asian ◽  
Industrial Relations ◽  
Geographical Location ◽  
Legal Aspects ◽  
Court System ◽  
Legal Structure ◽  
Legal Provisions ◽  
Asian Tigers ◽  
Dispute Resolution Mechanism

There are many factors which contribute to the development of an economy. Some of them are geographical location, availability of natural resources, and availability of skilled workforce. Economic growth and social development are also affected by the legal procedures and mechanisms through which norms are enforced and interpreted by the court system and alternative dispute resolution mechanism. This paper intends to bring into light the legal aspects of the South Asian Tigers, which have aided the development of these countries. The four countries that have been studied are Malaysia, Indonesia, South Korea and Singapore. The reason for choosing these countries is that they have witnessed immense development in the near past and hence make an interesting subject for study. The amount of development these countries have witnessed can be made out from their human developmental figures over the past few decades. The emphasis is placed on the industrial relations aspect and hence the labour laws of these countries have been referred to. The legal provisions relating to industrial relations from these four countries have been analyzed and commonalities, which contributed to development, have been identified.

Principles of Judicial Conciliation, Mediation and Arbitration: Comparative Legal Aspects

2019 ◽  
pp. 4-14
Author(s):  
Elena Mishchenko ◽  
Tat’yana Letuta
Keyword(s):  
Dispute Resolution ◽  
Active Role ◽  
Legal Aspects ◽  
Comparative Perspective ◽  
Systemic Analysis ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Will

The paper discusses the principles of judicial conciliation, mediation and arbitration in a comparative perspective. A special attention is paid to guarantees of their implementation. Examples of judicial practice that demonstrate the prevalence of violations of certain principles are considered. On the basis of a systemic analysis of legal provisions and a relevant draft law, regulations of Russian and foreign arbitration institutions, taking into account the views of prerevolutionary, Soviet and modern researchers, the authors formulate conclusions about the declarative nature of principles of judicial reconciliation and significant differences of this procedure from mediation. In judicial reconciliation, the autonomy of the will of the parties to a dispute may be limited by choosing the conciliator’s candidature, the active role of the conciliator. The authors argue in favor of using such a form of reconciliation, in which the conciliator may be the judge who is considering the specific case. The unconditional advantages of mediation as the only one of the considered dispute resolution methods, which is really characterized by confidentiality and co-operation of the parties, are noted. The authors reveal the issues of the adversarial principle and equality of the parties in arbitration, due to abuse of rights by the parties to the dispute. The study of characteristics of formation of individual principles in the Russian pre-revolutionary and Soviet legislation allowed to formulate conclusions about the possible development of provisions on the principles of cooperation and confidentiality, on the prospects for judicial reconciliation.

scholarly journals The Non-traditional Security Threat of COVID-19 in South Asia: An Analysis of the Indian and Chinese Leverage in Health Diplomacy

2021 ◽  
Vol 28 (1) ◽  
pp. 111-132
Author(s):  
Swagata Saha ◽  
Sukalpa Chakrabarti
Keyword(s):  
South Asia ◽  
South Asian ◽  
Geographical Location ◽  
The State ◽  
Security Architecture ◽  
Security Threat ◽  
Political Ambition ◽  
Health Diplomacy ◽  
Significant Point

South Asia has emerged as a major challenge in dealing with COVID-19 virus in terms of its demographics, economy, social values, political ambition and geographical location. The pandemic viewed through the prism of non-traditional security (NTS) threat presents new challenges and demands reworking of conventional governance mechanisms. India is the South Asian hegemon, and China is the single largest immediate neighbour with expansionist ambition in the region. Two most populous countries—one has been the epicentre of the virus, while the other is one of the most widely affected. Their public health and governance trajectory during the pandemic and their health diplomacy in the region have overtures for security architecture of South Asia in post-COVID-19 world. A lone statist approach and legal–institutional officialdom fail to appreciate the instrumentalities of an unconventional security threat like COVID-19. This calls for a more inclusive and comprehensive approach to deal with NTS threat, in general, and epidemiological disease, in particular. This by no means indicating a retreat of the state rather a proactive role in articulating interests of more inclusive categories and, in doing so, the state consolidates its role of governance and becomes a significant point of integration.

scholarly journals Role of Traditional Leaders in Conservation of Fishery Resources in Mandah District Indragiri Hilir Regency Indonesia

2021 ◽  
Vol 934 (1) ◽  
pp. 012064
Author(s):  
E Deliana ◽  
S Febriani ◽  
F Ferawati
Keyword(s):  
Geographical Location ◽  
Customary Law ◽  
Legal Research ◽  
Traditional Leaders ◽  
Fishery Resources ◽  
Legal Provisions ◽  
Data Source ◽  
The Law ◽  
The Government

Abstract Fishery resources in Mandah Subdistrict, Indragiri Hilir Regency in Riau Province, has considerable potential and are important resources for the community. However, the utilization of these fishery resources is sometimes carried out in ways that violate the provisions, both positive legal provisions and provisions in customary law that live in the Mandah community. For this reason, it is necessary to examine the role of traditional leaders in conserving fishery resources in Mandah District. The research method used is sociological legal research, with the main data source being primary legal materials, namely binding legal materials, both written and unwritten. The result of the research is that traditional leaders have an important role in conserving fishery resources. They act as institutions that disseminate customary provisions, receive reports on violations of the law that occur and become mediator or judges for violations of the law, especially in the field of fishery resources. Traditional leaders in Mandah play an important role in preserving fishery resources due to the geographical location of Mandah Subdistrict which is quite far from the Regency Capital, causing the government apparatus and legal apparatus on duty in Mandah to be limited in number. In addition, through sanctions against perpetrators of violations, traditional leaders contribute to the protection of fishery resources in Mandah District.

«Имперский синдром»: концепция османского халифата на Ближнем Востоке и в Южной Азии (первая четверть XX в.)

2019 ◽  
Author(s):  
S.A. Kirillina ◽  
A.L. Safronova ◽  
V.V. Orlov
Keyword(s):  
Middle East ◽  
South Asia ◽  
South Asian ◽  
Political Role ◽  
The Social ◽  
The Difference ◽  
Aspect Interaction ◽  
Muhammad Rashid Rida ◽  
Political Actions

Аннотация В статье изучены общие и специфические черты идейных воззрений, пропагандистской риторики и политических действий представителей халифатистского движения на Ближнем Востоке и в Южной Азии. В ретроспективном ключе прослеживается эволюция представлений о сущности и необходимости возрождения института халифата в трудах исламских идеологов, реформаторов и политиков Джамал ад-Дина ал-Афгани, Абд ар-Рахмана ал-Кавакиби, Мухаммада Рашида Риды, Абул Калама Азада. Внимание авторов сосредоточено на общественно-политических дискуссиях 2030-х годов XX столетия, а также на повестке дня халифатистских конгрессов и конференций этого периода. На них вырабатывались первые представления современников о пост-османском формате мусульманского единства и идейно-политической роли будущего халифата. Авторы демонстрируют различие между моделями реакции мусульман Ближнего Востока и Южной Азии на упразднение османского халифата республиканским руководством Турции. Установлена многоаспектная взаимосвязь между халифатистскими ценностями, проосманскими настроениями и формами самоотождествления, которые сложились в арабских и южноазиатских обществах. Отдельно намечено соотношение между подъемом халифатистских настроений и радикализацией антиколониальных действий мусульман Индостана.Abstract The article deals with analysis of common and specific features of ideas, propaganda, rhetoric and political actions taken by representatives of the movement for defense of the Caliphate in the Middle East and South Asia. The retrospection showing the transformation of conception of the Caliphate and the necessity of its revival in the works of eminent ideologists and politicians of the Muslim world Jamal al-Din al-Afghani, Abd al-Rahman al-Kawakibi, Muhammad Rashid Rida and Abul Kalam Azad, is also given in the article. The authors also focus on the social and political discussions of the 1920s 1930s, as well as on the agenda of Caliphatist congresses and conferences of this period. They helped to elaborate the early representations of post-Ottoman pattern of the Muslim unity and the ideological and political role of the future Caliphate. The authors demonstrate the difference between the forms of reaction of Muslims in the Middle East and South Asia to the repudiation of the Caliphate by the Republican leaders of Turkey. The article establishes a multi-aspect interaction between the Caliphatist values and forms of self-identification, emerged in Arab and South Asian societies. The correlation between the rise of Caliphatist attitudes and radicalization of anti-colonial actions of South Asian Muslims is also outlined.

The Baluch, Sunnism and the State in Iran

2017 ◽  
Author(s):  
Stéphane A. Dudoignon
Keyword(s):  
South Asia ◽  
South Asian ◽  
Social Life ◽  
The State ◽  
First Century ◽  
Local Democracy ◽  
Oasis Area ◽  
Shed Light

Since 2002, Sunni jihadi groups have been active in Iranian Baluchistan without managing to plunge the region into chaos. This book suggests that a reason for this, besides Tehran’s military responses, has been the quality of Khomeini and Khamenei’s relationship with a network of South-Asia-educated Sunni ulama (mawlawis) originating from the Sarbaz oasis area, in the south of Baluchistan. Educated in the religiously reformist, socially conservative South Asian Deoband School, which puts the madrasa at the centre of social life, the Sarbazi ulama had taken advantage, in Iranian territory, of the eclipse of Baluch tribal might under the Pahlavi monarchy (1925-79). They emerged then as a bulwark against Soviet influence and progressive ideologies, before rallying to Khomeini in 1979. Since the turn of the twenty-first century, they have been playing the role of a rampart against Salafi propaganda and Saudi intrigues. The book shows that, through their alliance with an Iranian Kurdish-born Muslim-Brother movement and through the promotion of a distinct ‘Sunni vote’, they have since the early 2000s contributed towards – and benefitted from – the defence by the Reformist presidents Khatami (1997-2005) and Ruhani (since 2013) of local democracy and of the minorities’ rights. They endeavoured to help, at the same time, preventing the propagation of jihadism and Sunni radicalisation to Iran – at least until the ISIS/Daesh-claimed attacks of June 2017, in Tehran, shed light on the limits of the Islamic Republic’s strategy of reliance on Deobandi ulama and Muslim-Brother preachers in the country’s Sunni-peopled peripheries.

Comparative Political Economy

2017 ◽  
Author(s):  
Georg Menz
Keyword(s):  
Political Economy ◽  
Political Institutions ◽  
International Political Economy ◽  
Adam Smith ◽  
Industrial Relations ◽  
Welfare States ◽  
Comparative Political Economy ◽  
Technological Parameters ◽  
Private Debt

This new and comprehensive volume invites the reader on a tour of the exciting subfield of comparative political economy. The book provides an in-depth account of the theoretical debates surrounding different models of capitalism. Tracing the origins of the field back to Adam Smith and the French Physiocrats, the development of the study of models of political-economic governance is laid out and reviewed. Comparative Political Economy (CPE) sets itself apart from International Political Economy (IPE), focusing on domestic economic and political institutions that compose in combination diverse models of political economy. Drawing on evidence from the US, the UK, France, Germany, Sweden, and Japan, the volume affords detailed coverage of the systems of industrial relations, finance, welfare states, and the economic role of the state. There is also a chapter that charts the politics of public and private debt. Much of the focus in CPE has rested on ideas, interests, and institutions, but the subfield ought to take the role of culture more seriously. This book offers suggestions for doing so. It is intended as an introduction to the field for postgraduate students, yet it also offers new insights and fresh inspiration for established scholars. The Varieties of Capitalism approach seems to have reached an impasse, but it could be rejuvenated by exploring the composite elements of different models and what makes them hang together. Rapidly changing technological parameters, new and more recent environmental challenges, demographic change, and immigration will all affect the governance of the various political economy models throughout the OECD. The final section of the book analyses how these impending challenges will reconfigure and threaten to destabilize established national systems of capitalism.

scholarly journals Cultural and Institutional Issues in ACP for Care Home Residents: Perspectives of Loved Ones

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 754-754
Author(s):  
Brian de Vries ◽  
Gloria Gutman ◽  
Helen Kwan ◽  
Katrina Jang ◽  
Shimae Soheilipour ◽  
...  
Keyword(s):  
South Asian ◽  
Care Home ◽  
Decision Makers ◽  
Loved One ◽  
Targeted Interventions ◽  
Traditional Family ◽  
Institutional Issues ◽  
Bisexual And Transgender ◽  
Advance Care

Abstract Focus groups were held with family/decision makers of residents in an exclusively Chinese (EC; N=7) and a multi-ethnic (ME; N=8) care home, as well as South Asian (SA; n = 5) and lesbian, gay, bisexual and transgender caregivers (LGBT; n = 5) who had/have a loved one in a care home. Shared themes across groups included the role of the care home in Advance Care Planning (ACP) discussions, the timing of such discussions (i.e., at admission), and the extent to which another person was available and appropriate for such discussions. Issues unique to groups included superstition and the equation of ACP with funeral planning (EC), family history and regrets about not having planned (ME), gender differences and the need for education about ACP (SA) and the absence of traditional family among LGBT older adults. These themes highlight the challenges in ACP among diverse populations and the need for targeted interventions.

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