Increasing stakeholder participation in forest law reform process

2021 ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 309-328
Author(s):  
Hatsuru MORITA

AbstractCorporate law shapes the fundamental business environment and affects various stakeholders. It is possible to determine the behaviour of various stakeholders by examining the politics of the reform process of corporate law. In order to understand the process, this paper uses the notice-and-comment procedure (public-comment procedure). Under this procedure, people submit comments to the Ministry of Justice; some of the comments are reflected in the final Bill, while others are not. The paper performs a quantitative analysis of a hand-collected dataset from two recent public-comment procedures on corporate law reform. The results showed that the bureaucrats are rigid and not willing to take public comments seriously. However, on some technical issues, legal academics, and legal professionals influence the behaviour of the bureaucrats. In addition, the bureaucrats employed these comments to honour the technical views of professionals. In other cases, corporate managers significantly influence the reform process.


2016 ◽  
Vol 49 (4) ◽  
pp. 546-563
Author(s):  
Natalia Hanley ◽  
Bianca Fileborn ◽  
Wendy Larcombe ◽  
Nicola Henry ◽  
Anastasia Powell

Research on law reform has identified a variety of factors that help or hinder the reform process, but it has not systematically explored the role that empirical research plays and could play in enabling and enhancing law reform. Drawing on a series of qualitative interviews with criminal law reform experts in Victoria, we analyse the current uses and perceived value of empirical research in criminal law reform and explore opportunities for qualitative research methods to be used more systematically or extensively to improve criminal law reform processes and outcomes.


Author(s):  
Arlie Loughnan

The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’). I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.


Water Policy ◽  
2016 ◽  
Vol 18 (4) ◽  
pp. 998-1014 ◽  
Author(s):  
Jai K. Clifford-Holmes ◽  
Carolyn G. Palmer ◽  
Chris J. de Wet ◽  
Jill H. Slinger

At the centre of the water law reform process initiated by the first democratic government of the Republic of South Africa (RSA) lay the challenge of transforming away from apartheid water injustices. Reform culminated in the promulgation of new legislation, regarded internationally as ambitious and forward-thinking legislation reflective of the broad aims of integrated water resource management (IWRM). However, implementation of this legislation has been challenging. This paper analyses institutional dysfunction in water management in the Sundays River Valley Municipality (Eastern Cape Province, RSA). A transdisciplinary approach is taken in addressing the failure of national law and policy to enable the delivery of effective water services in post-apartheid RSA. A case study is used to explore interventions to promote effective water supply, locating these interventions and policies within the legislative structures and frameworks governing the water sector. We suggest that fine-grained institutional analysis together with learning from persistent iterative, adaptive practice, with principled goals intact, offers a pragmatic and achievable alternative to grand-scale policy change.


1995 ◽  
Vol 27 (4) ◽  
pp. 485-502 ◽  
Author(s):  
Kenneth M. Cuno

During the past thirty years, the study of the family in European history has developed with a strong comparative emphasis. In contrast, the study of the family in Middle East history has hardly begun, even though the family is assumed to have had a major role in “the structuring of economic, political, and social relations,” as Judith Tucker has noted. This article takes up the theme of the family in the economic, political, and social context of 19th-century rural Egypt. Its purpose is, first of all, to explicate the prevailing joint household formation system in relation to the system of landholding, drawing upon fatwas and supporting evidence. Second, it argues that rural notable families in particular had a tendency to form large joint households and that this was related to the reproduction and enhancement of their economic and political status. Specifically, the maintenance of a joint household appears to have been a way of avoiding the fragmentation of land through inheritance. After the middle of the 19th century, when it appeared that the coherence and durability of the joint family household were threatened, the notables sought to strengthen it through legislation. Their involvement in the law reform process contradicts the progressive, linear model of social and legal change that is often applied in 19th-century Egyptian history.


2021 ◽  
Vol 8 (2) ◽  
pp. 40-63
Author(s):  
Neeta Baporikar

Globally, the land is a valuable resource. Many years of colonialism resulted in the majority of the population having no access to agricultural land especially in many African countries, and Namibia is no exception. Today, land access and equity are burning issues. Hence, adopting a qualitative research approach and data collection with a non-random purposive sample of 60 respondents' through questionnaires, interviews, and secondary data to investigate how the stakeholder approach can facilitate the effective implementation of the land reform program to enhance access and equity in Namibia. The paper examines challenges faced in implementing the land reform program, determine the level of stakeholder participation, and develop strategies based on the stakeholder approach for improved implementation of the land reform program. Findings reflect that stakeholders felt that the government is not consulting them enough and that is the reason why the land reform process has failed to enhance access and equity and is lacks the pace to the detriment of the landless majority.


2021 ◽  
Author(s):  
◽  
Thomas William Robert Lynskey

<p>This essay analyses the recent amendment to the Fair Trading Act 1986 that created a prohibition of “unsubstantiated representations” in trade. The reform process presented an opportunity to bring the FTA in line with recent amendments to the Australian law that had addressed the same issues. However, New Zealand opted to go further. This essay traces the prohibition through the wider consumer law reform process to investigate how the final provision was arrived at. By critically analysing the process that led to the amendments, the essay suggests that the decision to create a prohibition was based on flawed reasoning. In particular, it is argued that New Zealand should have followed the Australian approach, and that creating a prohibition has instead produced unnecessary liability in the absence of sufficient justification.</p>


2021 ◽  
Vol 8 (2) ◽  
pp. 28
Author(s):  
Jørn Vestergaard

The adoption of a consent-based rape provision in the Danish Penal Code has gradually gained sufficient political support. The overall objective behind the law reform is to render better protection of the right to sexual self-determination and sexual integrity. However, in the recent run-up towards a political agreement, a sharp dividing line has separated the proponents of change due to a heated controversy with regard to the choice of the term to be used in the revised criminal law provision, i.e., ‘consent’ or ‘voluntariness’. The disagreement has caused a protracted deadlock in the reform process. This article examines the polarising opinions in the debate and compares the potential impacts of the debated models. It will be demonstrated that the demarcation line between the two opposing parties in the debate concerning the choice of the appropriate terminology has been drawn unnecessarily sharp. The reach of the amended rape legislation will not merely depend on the wording of the rape provision but will, at least in part, depend on the clarifications provided in the preparatory works. Ultimately, the courts will have to clarify the legal implications of an individual’s passivity in a sexual encounter and address the adequate assessment of sexual encounters taking place against the backdrop of psychological violence and abuse. 


2015 ◽  
Vol 32 (2) ◽  
pp. 122-130 ◽  
Author(s):  
Kjeld Erik Brødsgaard ◽  
Nis Grünberg

During the Fourth Plenary Session of the 13th Communist Party of China (CPC) Congress, a new and important reform document was adopted. Announcing reforms mainly in the juridical sector, the 'Decision of the CPC Central Committee Concerning Some Major Questions in Comprehensively Moving Governing the Country According to the Law Forward' is part of the overall reform package kicked off at the Third Plenum last year. This article points out the document's main objectives, and provides a preliminary analysis of the announced reforms. Three main themes are identified. First, the document is part of the overall goal of developing a special Chinese system of 'socialism with Chinese characteristics'. Second, not only institutions but also the minds and work styles of officials are to be reformed. Third, the document strongly affirms the CPC's role as the legal guardian of the reform process, as well as juridical matters.


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