Harmonisation of Legal Framework in the Field of Consumer Protection through the Prism of Consumer Financial Protection Law of Federation of Bosnia and Herzegovina

2016 ◽  
Vol 3 (1) ◽  
pp. 181-194
Author(s):  
Zlatan Omerspahić

Corporate governance provides an answer to the question who controls the corporation and how. It involves a set of relationships between management, shareholders and stakeholders. Corporate governance in Bosnia and Herzegovina is within the legal jurisdiction of entities, and consequently there are two substantially aligned and yet completely distinct corporate governance systems, which separates Bosnia and Herzegovina as a state in the international environment into a specific category in terms of corporate governance. This paper will analyze ownership concentration in order to identify the characteristics of the corporate governance systems, then it will present the principles on which the legal framework for corporate governance in Bosnia and Herzegovina is defined, compare the business transparency standards with the transparency directive in the EU, and measure the quality level of corporate governance in order to define key areas for improvement of corporate governance in Bosnia and Herzegovina. The development and characteristics of the corporate governance systems in Bosnia and Herzegovina will be explored and compared with the regulatory framework and standards of corporate governance in the European Union. Special emphasis is on comparing the transparency principles and standards of corporations in Bosnia and Herzegovina with corporations in the European Union. The aim of the research is to compare the regulatory framework and characteristics of the corporate governance system in corporations in Bosnia and Herzegovina with the standards in the European Union, to identify similarities and differences and to define key areas for improvement of corporate governance in Bosnia and Herzegovina.


Geodiversity presents overall diversity of relief shapes, processes and the diversity of landscape. It basically consists of geological, geomorphological and pedological diversity. The most interesting for tourism valorisation are karstic areas that cover over 50% of the territory of Bosnia and Herzegovina. When it comes to geoparks, it is necessary to emphasize that such forms of protection have not yet been established in Bosnia and Herzegovina. The European Geopark Network exsist since 2000 and currently there are 140 geoparks in the 38 countries in Europe. Three geoparks stand out in our region; in Slovenia, Idrija and Karavanke (together with part in Austria) and Papuk in Croatia. Their main goals are promotion of geoheritage, protection of geodiversity and support of economic development through geotourism, with the inevitable participation of local communities. In the meantime, this initiative has been raised to a global level by including these areas in the newly adopted UNESCO program - International Geodetic and Geopark Program, which now has over 130 parks in 33 countries of the world. In our country, Blidinje Nature Park and the Protected landscape of Bijambare, have potential for becoming geopark. These parks would be based on promotion of the geological heritage, the geodiversity of the karst zone of Bosnia and Herzegovina, preservation of biodiversity and the protection of specific karst hydrography of this area. The plan for protecting these areas and potential admission to the European geopark network should primarily be based on a new legal framework and a plan that would include sustainable development of geotourism in Bosnia and Herzegovina.


2021 ◽  
Vol 5 (2) ◽  
pp. 11-25
Author(s):  
Felix Pratama Tjipto

Innovation of technology and rapid growth of digitalization is steadily increasing its capacity in supporting human daily tasks, one of which is through online transactions that are increasing rapidly due to the occurrence of COVID-19 pandemic which forces people to do their activities from home. Nevertheless, the increased usage of technology directly affects the rise in creating loopholes and abuse of power which may violate the regulations and consumer’s rights in doing online transactions. This paper shall discuss and provide comparative and statute approach analysis between Indonesian and U.S law, its creation methods, organizations involved and law enforcement since it is important to address this issue in order to ensure that the enforcement of a solid legal framework is really being applied to regulate this matter. 


2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.


2009 ◽  
pp. 326-346
Author(s):  
Charles O’Mahony

This chapter will discuss the legal framework for consumer and data protection in Europe. Central to this discussion will be the law of the European Union (EU) on data and consumer protection.3 Recent years have seen the creation of legal frameworks in Europe which seek to secure the protection of consumers while simultaneously facilitating economic growth in the European Union. This chapter will outline the main sources of law which protect consumers and their privacy. This chapter will outline the important provisions in these sources of law and critically analyse them. The chapter will also point up the gaps and deficiencies in the consumer and data protection legal structures.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rakesh Belwal ◽  
Rahima Al Shibli ◽  
Shweta Belwal

Purpose Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection. Design/methodology/approach This study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the rest of the world in general. Findings The study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment. Research limitations/implications There is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes. Practical implications The mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas. Social implications Consumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase. Originality/value Consumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general.


2017 ◽  
Vol 7 (2) ◽  
pp. 67-77
Author(s):  
Dževad Mahmutović ◽  
◽  
Berina Huskanović ◽  

The paper deals with crime scene investigation as a measure of inquiry, conceptually and substantially, subjects of investigation, as well as their mutual relations. The analysis of the existing legal framework suggests that the current Criminal Procedure Code of Bosnia and Herzegovina offers the appropriate basis for the cooperation between prosecutors and law enforcement. However, previous practice indicates certain shortcomings in the cooperation and coordination between prosecutors and law enforcement. With this paper, the authors wanted to examine the opinions of direct actors on this matter. The results show that they are satisfied with the legal regulation of their mutual relations during investigations, and they express positive opinions in terms of their cooperation. Of course, the possibility of improving that cooperation is also noted, and the methods of achieving it should be identified in further research.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 532
Author(s):  
Didik Irawansah ◽  
Wardah Yuspin ◽  
Ridwan Ridwan ◽  
Nasrullah Nasrullah

The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.


Sign in / Sign up

Export Citation Format

Share Document