scholarly journals DELIMITING THE SOCIAL BOUNDARIES OF COMPETITION LAW IN ASEAN: A COMMON APPROACH?

2014 ◽  
Vol 22 (2) ◽  
Author(s):  
Haniff Ahamat ◽  
Nasarudin Abdul Rahman

This paper examines the interface between the economic and social elements of competition law in ASEAN. Generally, the aim of competition law should be to protect the process of competition, promote market efficiencies and enhance consumer welfare in the countries. Nevertheless there is a concern arising from such interface. Competition law strives to ensure competition and economic efficiency but market structure and behavior which harm competition or lead to inefficiency may have positive impact on the society. Along these lines, this paper looks into the social applications of competition legislation of Thailand, Indonesia, Singapore and Malaysia. Variations between different ASEAN Members are expected to influence any discussions on this issue but social objectives of competition law, and social exclusions are among others the tools used to further social goals in the laws of the ASEAN Members that have been analysed. To address the possibility of political and special interest capturing such social interpretations of competition law, this paper proposes a model that requires increasing reliance on economic analysis and the use of proportionality principle to minimise subjectivity.

2020 ◽  
Vol 14 (2) ◽  
pp. 1
Author(s):  
Nishan-E-Hyder Soomro ◽  
Wang Yuhui

The present study aims to make comparative analysis of competition law in Pakistan and China by analyzing the leniency programs that whether or not they are in accordance with market structure or not, and investigating the mechanism to evidences while applying leniency policies and its value in competition law. The study adopts qualitative data analysis in order to analyze the respective aims and objective. It is found out by this research that progressive and unconventional are very important to be taken by both countries in order to ingeniously enforce competition law. Although competition law is supposed to prevent anti competition rituals and practices by nurturing free and fair competition in the market. It promotes a greater competition in the market by safeguarding customers against inaccurate means, which are adopted by firms. Therefore, competition law can be regarded as highly essential for regulating businesses by ensuring producer and consumer welfare. It ultimately promotes healthy growth of the economy and social justice. While on the other hand, a huge budget is entailed by investigation procedures which have been regarded as a huge financial resources’ loss by experts. In addition to this, there is also a greater risk of surcharges of violation, punishment and legal costs, which sometimes lead to harm corporate image. Moreover, the leniency programs in both Pakistan and China cover administrative liability only. Therefore, it is important to voluntarily comply with competition rules, regulations and laws, which would play an immensely significant role in minimizing the social costs which occur due to this law enforcement. Qualitative research methodology has been applied to the following article.


2020 ◽  
Vol 117 (43) ◽  
pp. 26703-26709
Author(s):  
Ron Levi ◽  
Ioana Sendroiu ◽  
John Hagan

Despite research on the causes of populism and on the narratives of populist leaders, there is little empirical work on the relationship between populist attitudes and behavior, notably including criminal behavior. Our overarching concern is the recurrent social volatility of metaphorical populist themes that are central to impactful political messaging. Drawing on a national United States survey conducted around the 2016 election, we use multilevel models to show that the politically charged exclusionary boundaries of “America First” populism are behaviorally connected to increased odds of having been arrested. We argue that the rapid redrawing of social boundaries that make up populist attitudes is closely connected with the effects of economic and political frustrations during times of rapid social change. In the process, we develop a behavioral analysis of the social volatility of the recurrent populist movement in America.


2016 ◽  
Vol 5 (4) ◽  
pp. 1
Author(s):  
Laverne Jacobs ◽  
Britney De Costa ◽  
Victoria Cino

The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario, which enacted the Ontarians with Disabilities Act in 2001, and, later, a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. The AMA presents a strong set of philosophical and social goals. Its philosophical goals mark accessibility as a human right, and aim to improve the health, independence and well-being of persons with disabilities. The AMA’s social goals have the potential to make a positive impact on the development of equality law norms within the context of disability discrimination. Nevertheless, the AMA would be strengthened with a more robust and explicit appreciation of how disability discrimination issues are experienced. The Act should show a greater recognition of the relevance of embodied impairment to individuals with disabilities, and there should be more significant scope for the statute to address intersectionality within disability discrimination. These two challenges replicate the two principal critiques of the social model of disability –the model of disability on which the AMA is based. Finally, for the legislation to be successful, issues of compliance and enforcement that require positive uses of discretion on the part of the civil service should be addressed early on. The findings of this article may be useful for the implementation of the AMA and for the design of future accessibility legislation in Canada and elsewhere.


2017 ◽  
Vol 10 (16) ◽  
pp. 127-153
Author(s):  
Zbigniew Jurczyk

The main focus of the paper is the function of economics in the current application of competition law. While advocating further economization of the law, it is seen as necessary to widen the extent to which aspects of economic efficiency encompassing static and dynamic efficiency are taken into consideration in an antitrust analysis. Much attention is devoted to these issues, while clarifying what is meant by them, how they are to be understood and implemented in the practice of antitrust authorities, as well as discussing their importance for the promotion of innovation. It is noted that accounting for the economic efficiency aspects differently in the light of competition law allows for the assessment of the market behavior of dominant companies, which traditionally has been seen as anticompetitive. This main issue of the paper is analyzed extensively and explained using the case of Microsoft, a company accused by the US and EU antitrust authorities of abusing its dominant position on the market of operating systems in that it integrated the sale of its base product Windows OS exclusively with other applications (Media Player and Internet Explorer). The differences presented in the research part of the paper as to the way Microsoft was treated by these authorities originated in their different methodology of analysis and assessment of the effects of the sales model launched by Microsoft for products offered to the PC manufacturers and their users, in spite of the US and EU antitrust authorities adopting the same evaluation standard – consumer welfare. Aspects of dynamic efficiency adequate in the assessment of the behavior of innovative firms holding a dominant position proved to be deciding. On the other side of the Atlantic, taking into account the aspects of dynamic efficiency was crucial in coming up with a lighter assessment of Microsoft’s tying compared to the European authorities’ assessment which was based largely on the structural analysis, where the benefits arising from dynamic efficiency are not visible. It is clear from the decisions made by the Commission that it favours regulation over effects generated by competition forces at a later time.


2020 ◽  
Vol 5 (4) ◽  
pp. 843-852 ◽  
Author(s):  
Nancy Tarshis ◽  
Michelle Garcia Winner ◽  
Pamela Crooke

Purpose What does it mean to be social? In addition, how is that different from behaving socially appropriately? The purpose of this clinical focus article is to tackle these two questions along with taking a deeper look into how communication challenges in childhood apraxia of speech impact social competencies for young children. Through the lens of early social development and social competency, this clinical focus article will explore how speech motor challenges can impact social development and what happens when young learners miss early opportunities to grow socially. While not the primary focus, the clinical focus article will touch upon lingering issues for individuals diagnosed with childhood apraxia of speech as they enter the school-aged years. Conclusion Finally, it will address some foundational aspects of intervention and offer ideas and suggestions for structuring therapy to address both speech and social goals.


1970 ◽  
pp. 38-45
Author(s):  
May Abu Jaber

Violence against women (VAW) continues to exist as a pervasive, structural,systematic, and institutionalized violation of women’s basic human rights (UNDivision of Advancement for Women, 2006). It cuts across the boundaries of age, race, class, education, and religion which affect women of all ages and all backgrounds in every corner of the world. Such violence is used to control and subjugate women by instilling a sense of insecurity that keeps them “bound to the home, economically exploited and socially suppressed” (Mathu, 2008, p. 65). It is estimated that one out of every five women worldwide will be abused during her lifetime with rates reaching up to 70 percent in some countries (WHO, 2005). Whether this abuse is perpetrated by the state and its agents, by family members, or even by strangers, VAW is closely related to the regulation of sexuality in a gender specific (patriarchal) manner. This regulation is, on the one hand, maintained through the implementation of strict cultural, communal, and religious norms, and on the other hand, through particular legal measures that sustain these norms. Therefore, religious institutions, the media, the family/tribe, cultural networks, and the legal system continually disciplinewomen’s sexuality and punish those women (and in some instances men) who have transgressed or allegedly contravened the social boundaries of ‘appropriateness’ as delineated by each society. Such women/men may include lesbians/gays, women who appear ‘too masculine’ or men who appear ‘too feminine,’ women who try to exercise their rights freely or men who do not assert their rights as ‘real men’ should, women/men who have been sexually assaulted or raped, and women/men who challenge male/older male authority.


2016 ◽  
Vol 6 (2) ◽  
Author(s):  
David E. Scharff

Enrique Pichon-Rivière, a pioneer of psychoanalysis, worked and wrote in Argentina in the mid-twentieth century, but his work has not so far been translated into English. From the beginning, Pichon-Rivière understood the social applications of analytic thinking, centring his ideas on "el vinculo", which is generally translated as "the link", but could equally be translated as "the bond". The concept that each individual is born into human social links, is shaped by them, and simultaneously contributes to them inextricably ties people's inner worlds to the social world of family and society in which they live. Pichon-Rivière believed, therefore, that family analysis and group and institutional applications of analysis were as important as individual psychoanalysis. Many of the original family and couple therapists from whom our field learned trained with him. Because his work was centred in the analytic writings of Fairbairn and Klein, as well as those of the anthropologist George Herbert Mead and the field theory of Kurt Lewin, his original ideas have important things to teach us today. This article summarises some of his central ideas such as the link, spiral process, the single determinate illness, and the process of therapy.


AKADEMIKA ◽  
2015 ◽  
Vol 9 (1) ◽  
pp. 69-77
Author(s):  
Misbahul Khoir

In order for humans could reach the so-called falah (goodness), human behavior needs to be colored with the spirit and norms of Islamic economics reflected in its values. The principles and values of Islamic economics are considerably two inseparable things. The implementation of economic principles without being colored with values or values without being based on principles could keep people far away from their purpose, namely falah. The implementation of values not based on principles will tend to bring with it the normative economics, which would cause it trapped into injustice. While the implementation of values on the Islamic economic development is based on the five universal values, namely akidah (belief), 'adl (justice), nubuwwah (prophetic), khilafah (the government), and ma'ad (results). The five principles are used as the basis for building theories of Islamic economics. But strong and adequate theories not applied into a system will make the Islamic economics just as the study of science without giving positive impact on the economic life. Therefore, based on the five universal values, the three derivative principles should be built into the characteristics and the forerunner of the Islamic economic system. The Islamic economic system makes sure that there are no economic transactions that are contrary to the Shari'a. But business performance depends on the man behind the gun. For that reason, the economic actors within this framework could be held by non-Muslims. The Islamic economics could only be developed if the mindset and behavior of Muslims are already itqan (diligent) and ihsan (professional). It "may be" one of the secrets of the Prophet's statement, saying "Truly I was sent to perfect good character". Because good character could be an indicator of knowing good or bad behavior in determining both the success and the failure of business itself.


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