scholarly journals Applying Post-Legislative Scrutiny to the Analysis of Legislation and SDGs in South and Southeast Asia

2020 ◽  
Vol 4 (1) ◽  
pp. 1 ◽  
Author(s):  
Franklin De Vrieze ◽  
Fotios Fitsilis

Post-Legislative Scrutiny (PLS) is an emerging oversight technique which is applied by parliaments to scrutinise implementation and impact of specific laws or legal frameworks. This article takes stock of PLS practices in countries in South and Southeast Asia and argues that PLS can also be used to scrutinise complex processes at the national or supra-national level, such as the implementation of the Sustainable Development Goals (SDGs). First, a wide introduction and the state of play in PLS is provided, with reference to different parliamentary and development approaches emerging from the application of PLS in parliaments worldwide, followed by two specific case studies: the law on microfinance in Myanmar and the law on social practice reform in Nepal. The examination of these case studies offers insights about the application of scrutiny techniques in different parliaments. The outcome of the analysis is used to respond to the main research question of this contribution: whether PLS techniques can be applied for the oversight of extended processes, as is the case with the implementation of SDGs. For this, details of the first world study on parliamentary oversight of SDGs are presented, with a regional focus on South and Southeast Asia. The results seem to support the authors’ claim that PLS as a technique can facilitate oversight both of specific legal provisions and complex multi-stakeholder processes, such as the monitoring of SDGs.

Author(s):  
Stephan Haggard ◽  
Robert R. Kaufman

This chapter examines institutional weaknesses explaining reversion to autocracy, asking in particular whether the specific causal mechanisms that have been identified with the weak democracy syndrome can also be used to explain elite-reaction reversions or populist reversions. It also asks whether praetorianism, weak institutions, and economic crisis in these cases generate opportunities and incentives for military coups or incumbent backsliding. The chapter first considers a cluster of civil war African cases and compares them with Niger. It then turns to cases in South and Southeast Asia (Pakistan) and Latin America (Peru), along with European examples, and proceeds with an analysis of the cases of Burundi and Thailand, both of which show evidence of the weak democracy syndrome. It concludes with a discussion of case studies of the seizures of power in Ghana and Haiti, both of which also show strong evidence of the weak democracy syndrome.


Author(s):  
Cheryll Alipio ◽  
Lan Anh Hoang

The editorial introduction begins with a contextualization of how neoliberal policies, along with global capitalism, vary and are experienced differently in the settings described in the volume. In presenting nine chapters of case studies from across South and Southeast Asia, the introduction develops a framework for the conceptualization of contemporary Asia as an interconnected and transnational region in which money and morality have an ever-expanding role in people’s everyday lives. Following a critical review of the international scholarship on money and moralities, the introduction discusses how the chapters speak to each of the volume’s three sub-themes: ‘Money and Moral Selfhood in the Market Economy’, ‘Social Currencies and the Morality of Gender’, and ‘The Social Life of Money in Asian Moral Economies’.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Santana Pathak ◽  
Sujata Mukherjee

Purpose This study aims to explore social entrepreneurial ecosystems (EEs) in the craft sector in the state of Gujarat, India. With liberalization, India witnessed the growth of social entrepreneurship and is considered one of the pioneering countries in social innovation. The objective of the research was to answer the research question: what role do various stakeholder groups play in creating and promoting craft sector social EEs. Design/methodology/approach The study is based on a qualitative case study approach of methodological triangulation combining analysing documents, a participant observation and semi-structured interviews. Two case studies – one of the Ajrakh craft cluster from Ajrakhpur and the other of Kala Cotton from Aadeshar, Bhuj are studied to explore the symbiotic linkages of social entrepreneurship ecosystem in Kutch district of Gujarat, India. A total of 24 in-depth, semi-structured interviews were conducted with stakeholders of the EE. Findings The study concludes that the role of like-minded individuals/social entrepreneurs, social enterprises, design networks and educational institutions is vital towards revival and sustainability of craft as economic commodities geared for scalability. Furthermore, the engagement of the systemic condition agents such as various local and national level institutions, the communities play an important role to revitalize, redeem and commercialize craft infrastructure based on active engagement, innovation and services. Originality/value This paper fulfils an identified need to study how traditional craft-based enterprises can be enabled, revived, grown and sustained.


Author(s):  
Hiromi Masuda ◽  
Mahesti Okitasari ◽  
Kanako Morita ◽  
Tarek Katramiz ◽  
Hitomi Shimizu ◽  
...  

AbstractThere has been increasing interest in local-level implementation of the United Nations 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs). Despite the emergence of various initiatives undertaken by local governments, studies on the process of mainstreaming the 2030 Agenda within local contexts remain limited. This study is aimed at identifying possible approaches for supporting local governments in successfully mainstreaming the 2030 Agenda and the SDGs. We developed an analytical framework covering key components for local-level mainstreaming of the SDGs based on our review of recent policy guidelines for implementing the SDGs and the policy integration and coherence literature. Subsequently, we applied this framework within case studies of two designated municipalities under the Japanese government’s “SDGs Future Cities” initiative aimed at localizing the SDGs. The analysis demonstrated how local governments could develop and apply key components of the SDGs mainstreaming process. Our findings suggest that the following approaches can facilitate local governments’ efforts to mainstream the SDGs: first, municipalities can foster local ownership to address the challenges they face. Second, existing policy resources can be linked with formal procedures. Third, multi-stakeholder partnerships can be developed. Fourth, vertical communication channels can be established with international and national-level organizations. Overall, the article contributes to a growing literature on SDGs implementation at the local level by identifying key components required for their mainstreaming, introducing perspectives derived from Japanese case studies.


2022 ◽  
Vol 8 ◽  
Author(s):  
Ibukun J. Adewumi ◽  
Juan Luis Suárez de Vivero ◽  
Alejandro Iglesias-Campos

This article contributes to a growing body of research on the Large Marine Ecosystems Concept. It particularly shines the light on the Guinea Current Large Marine Ecosystem (GCLME), a biodiverse maritime domain providing essential ecosystem services for the survival of a large population while at the same time under intense pressure from both anthropogenic and natural factors. With the need for coordination and cross-border ocean management and governance becoming imperative due to the magnitude of challenges and maritime domain, we examine the factors that underpin ocean governance and those key elements necessary for cross-border ocean governance cooperation in the region. The research draws on qualitative data collected from peer-reviewed literature and documents sourced from different official portals. Three countries in the region (Benin, Nigeria, and Cameroon) are selected as the descriptive and comparative case studies to examine: (i) the factors that drive ocean governance (including geographical features, maritime jurisdictions, political framework, maritime activities, and associated pressures), and (ii) key enabling factors for cross-border ocean governance and cooperation in the GCLME (including marine and coastal related policy and legal framework convergence from international to national including, and shared experiences, common issues and joint solutions). We show that the biophysical maritime features, the implementation of the United Nations Convention on the Law of the Sea (UNCLOS), otherwise known as the Law of the Sea (LOS), inherent political characteristics and the relics of colonization, and increasing ocean use and pressure on the ecosystem make ocean governance challenging in the region. Our analysis also reveals a varying level of convergence on international, regional and national legal, policy and institutional frameworks between the case studies on ocean-related aspects. Significant convergence is observed in maritime security, ocean research, and energy aspects, mostly from countries adopting international, regional and sub-regional frameworks. National level convergence is not well established as administrative and political arrangement differs from country to country in the region. These different levels of convergence help reveal procedural and operational shortcomings, strengths, weaknesses, and functional capability of countries within a cooperative ocean governance system in the region. However, experience from joint-implementation of projects, pre- and post-colonial relations between countries and the availability of transboundary organizations that have mainly emerged due to sectoral ocean challenges would play a crucial role in fostering cross-border ocean governance cooperation in the region.


2021 ◽  
Author(s):  
Rob Ament ◽  
Sandeep Kumar Tiwari ◽  
Melissa Butynski ◽  
Becky Shu Chen ◽  
Norris Dodd ◽  
...  

Asian elephants are endangered across their remaining home ranges in South and Southeast Asia. According to recent estimates, fewer than 52,000 individuals remain in the wild across 13 range states. Ongoing loss and fragmentation of habitat, increasingly caused by the development and operation of linear transport infrastructure (LTI) - such as roads, railways, and highways - is now exacerbating these threats. The Asian Elephant Transport Working Group (AsETWG) began collaboration in early 2019 to focus its efforts on developing solutions for conserving core habitats and decreasing mortality and barriers to Asian elephant movement. This publication marks a first milestone in AsETWG's work. It highlights the impacts that LTI has on Asian elephants and their habitats, addresses existing frameworks for reducing elephant-transport conflicts, provides seven case studies and a focus on emerging technologies, and makes general recommendations for inspiring urgent and practical actions.


Author(s):  
Reto M. Hilty ◽  
Valentina Moscon

This chapter will explore the liability of online intermediaries (OIs) under European law, with a focus on infringements of rights and legal interests other than IPRs. The main research question is whether European law adopts a consistent regulatory approach with regard to content hosted by OIs against rules on market functioning that do not assign exclusive rights but simply impose rules of conduct (e.g. rules on unfair commercial practices). This chapter investigate whether and under which conditions OIs are liable and—beyond the liability of OIs—whether the interests protected by European laws governing the functioning of the market receive the same level of protection in different contexts. To carry on such analysis, the chapter takes into consideration as case studies two bodies of the law, the first one dealing with online unfair commercial practices (UCPs) and the second one with the unlawful acquisition, use, and disclosure of trade secrets. After having summarized the distinguishing features of the safe harbour regime and its interplay with injunctive relief, the chapter will focus on the UCPs and Trade Secrets Directives in relation to the position of OIs. Reference is made to the criteria of interpretation of European law in order to assess the relationship between specific provisions and the concurrent regime set forth in the e-Commerce Directive. Finally, this chapter assesses the emerging results, highlighting the issues which hinder the creation of a coherent and satisfying legal framework.


2020 ◽  
pp. 89-110 ◽  
Author(s):  
Marlyne Sahakian ◽  
Manisha Anantharaman ◽  
Antonietta Di Giulio ◽  
Czarina Saloma ◽  
Dunfu Zhang ◽  
...  

The significance of green public spaces is well documented in relation to social inclusiveness, human health, and biodiversity, yet how green public spaces achieve what Gough (2017) has termed ‘sustainable wellbeing’ is less understood. This contribution presents preliminary results from a study of green public spaces in four mega-cities of South and Southeast Asia: Chennai (Republic of India), Metro Manila (Republic of the Philippines), Singapore, and Shanghai (People’s Republic of China), cities that have climates ranging from tropical, to subtropical and temperate. The conceptual framework brings together social practice theories with human development theories, methodological implications for the study of park usage, and Protected Needs. This study sets out to understand how parks satisfy human needs by uncovering practices in relation to activities and material arrangements. Central to the research design and sampling strategy is a desire to understand park-related practices in all of their diversity, and accounting for how different activities are carried out by diverse groups of people. The paper presents exemplary results showing that parks provide a space in which a multitude of needs are satisfied, and that parks cannot be substituted by other settings such as commercialized spaces. The paper will conclude by discussing tensions between types of park usage, and in relation to commercial encroachments on public space.


Author(s):  
Laura A. Dean

The issue of human trafficking is particularly important in the region between Europe and Asia due to the dramatic increase in the number of persons trafficked into and through the region since the collapse of communism. Women from Eurasia fuel the sex industries around the world but increasingly, men and children from this region are also victims of labor exploitation. This book analyses how human trafficking policies aimed at combatting this phenomenon have diffused from the international to national level policymaking in one of the largest source regions for human trafficking in the world. The book adds another dimension to human rights-based policymaking with gendered regulatory policy embodied in criminalization statutes and redistributive policy with victims’ service laws by exploring factors that promote and impede policy adoption. Using a mixed method approach, the book uniquely develops the diffusion of innovation theory to include policy variation with adoption and implementation in a new substantive area (human trafficking) and a new regional area (Eurasia). The main research question examines the top-down and bottom-up pressures involved in why some countries adopt encompassing human trafficking policies and others do not and why some countries successfully implement these policies and others do not. The book traces the development and effectiveness of anti-trafficking institutions established in public policy adoption and their interconnected relationship with policy implementation effectiveness. Across Eurasia there are links between these institutions and the ties that bind them which if weak can cause anti-trafficking network fragmentation.


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