Legal Protection of Consumers in Developing Countries: An Asian Perspective

2021 ◽  
Vol 905 (1) ◽  
pp. 012043
Author(s):  
T Kumayza

Abstract Amdal regulation on mining exploitation according to Law No. 32 of 2009 aims to protect and manage the environment properly. This research reveals the paradox of EIA at the micro level (a case study) supporting the neoliberal agenda and facilitating economic development. This study aimed to explore how the practice of compensation for agricultural land at the scoping stage in the preparation of mining Amdal documents. The research was conducted in Mulawarman village, Kutai Kartanagara district, East Kalimantan province in the period 2004-2013. Historically, in the 2004-2013 period, Kutai Kartanegara Regency was the most massive in issuing mining business permits in Indonesia. The results of the study indicate that there was weak legal protection for agricultural land owners and unequal negotiation practices between companies and land owners without government supervision. The practice of compensation is a development tool rather than an environmental protection tool..


2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Dewi Gunawati

<p align="center"><strong><em>Abstrak</em></strong></p><p><em>This study aims to identify the urgency or the reasons for the harmonization of legal protection and management of forests in mitigating global climate change through REDD + .Urgency harmonize the protection and management of forests in mitigating global climate change examined in three approaches. First, a philosophical approach that formed in the Welfare State Theory by Espring Enderson, active role of the state in the context of the protection and management of forests is that the state is obliged to undertake the protection and management of forests in mitigating global climate change. Studied from the theory of sustainable development Edith Brown Weiss, i) The phenomenon of global climate change is a result of lifestyle or human behavior in the form of patterns of production and patterns of excessive and unfriendly environment. Excessive fossil energy resulting ecological crisis impact on global warming so trigger global climate change. ii) Due to the interest of developing countries to emission concept promoted in the global climate change convention, which it does not restrict their movement from space to improve economic competitiveness by building centers of industrial activity which tends to be a major contributor to the increase in gas emissions greenhouse. In this condition the developing countries try to hum with the concept that those countries have the same right to do the construction. Studied from the theory of justice, John Rawls justice is understood as a balance between personal interests and common interests. In the structure of the society in which justice as the main problems then need to be formulated and given a list of reasons on the principles that must be met by a basic structure of a just society in which the principles of justice must distribute the prospect of meeting the basic needs.</em></p><p><em>Secondly, the juridical approach imprinted on the legal system theory, Lawrence Friedman, and Third, Sociological Approach, engraved on Theory Brianz Tamanaha.</em></p>


2015 ◽  
Vol 44 (1) ◽  
pp. 34
Author(s):  
Etty Susilowati

Traditional cultural heritage has the potential to constantly evolve , so should receive legal protection, particularly in developing countries that have an interest in protecting the cultural heritage of his people . All of them need serious attention to avoid the use by other parties who are not responsible. For the traditional cultural heritage have time to have a formal legal instrument , since the rules currently owned is still very low and have not been able to provide optimal protectionWarisan budaya tradisional berpotensi untuk selalu berkembang, sehingga  perlu mendapat perlindungan hukum,terutama pada negara-negara berkembang yang mempunyai kepentingan melindungi  kekayaan warisan budaya  bangsanya. Kesemuanya perlu mendapatkan perhatian yang serius untuk menghindari dari pemanfaatan oleh fihak lain yang tidak bertanggung jawab. Untuk itu warisan budaya  tradisional  telah saatnya  memiliki instrumen hukum secara formal, berhubungaturan yang dimiliki saat ini masih sangat minim dan  belum mampu memberikan perlindungan   secara optimal.


2014 ◽  
Vol 58 (2) ◽  
pp. 210-230 ◽  
Author(s):  
Sileshi Bedasie Hirko

AbstractThe legal protection of geographical indications (GIs) has become an important concern in both developed and developing countries. In Ethiopia, despite the existence of the need and enormous potential for the protection of GIs, the issue of GIs has not been given due attention. The legal protection of GIs in Ethiopia has not been expressly regulated by any specific legislation. It may arguably be protected under a collective trademark system. However, this system only operates for distinctive GIs. Consequently, most descriptive GIs are not embraced by the system unless the distinctiveness requirement is dispensed with for the registration of GIs as collective trademarks. Moreover, the existing system needs to be redefined in light of the notion of GIs under the TRIPs Agreement. It is therefore high time that an appropriate legal framework be designed to ensure the effective protection and enforcement of GIs in Ethiopia.


2015 ◽  
Vol 91 ◽  
Author(s):  
Dewi Gunawati ,

<h4>Abstrak</h4> <p><strong><em> </em></strong></p> <p><em>This study aims to identify the urgency or the reasons for the harmonization of legal protection and management of forests in mitigating global climate change through REDD + .Urgency harmonize the protection and management of forests in mitigating global climate change examined in three approaches. First, a philosophical approach that formed in the Welfare State Theory by Espring Enderson, active role of the state in the context of the protection and management of forests is that the state is obliged to undertake the protection and management of forests in mitigating global climate change. Studied from the theory of sustainable development Edith Brown Weiss, i) The phenomenon of global climate change is a result of lifestyle or human behavior in the form of patterns of production and patterns of excessive and unfriendly environment. Excessive fossil energy resulting ecological crisis impact on global warming so trigger global climate change. ii) Due to the interest of developing countries to emission concept promoted in the global climate change convention, which it does not restrict their movement from space to improve economic competitiveness by building centers of industrial activity which tends to be a major contributor to the increase in gas emissions greenhouse. In this condition the developing countries try to hum with the concept that those countries have the same right to do the construction. Studied from the theory of justice, John Rawls justice is understood as a balance between personal interests and common interests. In the structure of the society in which justice as the main problems then need to be formulated and given a list of reasons on the principles that must be met by a basic structure of a just society in which the principles of justice must distribute the prospect of meeting the basic needs.</em><em> </em></p> <p><em>Secondly, the juridical approach imprinted on the legal system theory, Lawrence Friedman, and Third, Sociological Approach, engraved on Theory Brianz Tamanaha.</em><em> </em></p>


2019 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Toebagus Galang Windi Pratama

Most companies that market their products in Indonesia in order to pass TKDN using the concept of Joint Venture agreements (PMA) often the parties working together are unbalanced in real terms the shares of foreign owners are greater than domestic shareholders. In such conditions the strong parties tend to impose their will on the weaker party. Therefore, according to the principle of freedom of contact in relation to the free market, in fully contracting is an affair of the parties, however legal protection and public interest are therefore required from government interference in the form of regulation or restrictions. The restrictions in regulating technology transfer from developed countries to developing countries aim to protect the interests of countries that divert technology because the inventor of the technology is considered to have made maximum efforts to find related technology but on the other hand the state is also obliged to protect and improve the welfare of its citizens from that, restrictions on patent licenses are needed so that the TKD is truly "real" and does not reduce the incoming FDI.Based on this, the authors formulated a number of issues namely: Why are restrictions on patent licenses needed and What are the legal consequences of limiting patent licenses . The results of the discussion show that the transfer of technology is needed for developing countries needed to advance their products in the era of globalization so that arrangements for it are needed so that in case of cooperation there is no inequality. And, the role of law in the policy of technology transfer to transform agrarian societies into industrialist societies. Here there is a dilemmatic situation on the one hand the acceleration of mastery of technology including the acceleration of development needs to be done by being open to the owners of capital and technology (which generally comes from developed countries), while on the other hand we still have to maintain national interests. Here is related to the authority of the state to regulate the process of technology transfer. In this global era, after the WTO agreement was reached, which was linked to 2 (two) technology transfer agendas, namely TRIMS and TRIPS. Foreign technology protection was very much needed in the context of foreign investment.


2004 ◽  
Vol 2 ◽  
Author(s):  
Maria Canellopoulou-Bottis

This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing countries is, morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism.


Rural China ◽  
2020 ◽  
Vol 17 (2) ◽  
pp. 173-193
Author(s):  
Philip C. C. Huang

Abstract Today, thirty-five years after this author first wrote about involution, and at a time when that term and concept have come to be commonly used by many people, this article revisits that term to explain more clearly and succinctly its meaning and also to add to it contributions made by other scholars as well as by this author’s own further research, including new research on the de-involution of the past few decades in China, and analyses of the mechanisms and theoretical logics contained therein. Because China’s peasant economy has been the longest-lasting and largest in the world, perhaps also the most highly involuted, and its recent changes, including de-involution, make up the most dramatic example of the modernization of a peasant economy, it serves to explain most clearly the principles and mechanisms of change, and shows just how different those are from the Western historical experience of transition from feudalism to capitalism. Furthermore, peasant economy, not just in China but also in many other developing countries, has been the source most recently of the rise globally of an enormous informal economy—of labor that has little or no legal protection or benefits, according to the definition of the International Labor Organization—now reaching one-half to three-quarters of all urban employment in many developing countries, and more in China than anywhere else. That too is directly connected to the peasant economy and its background of involution and de-involution. At the moment, China’s future direction on this matter is at once full of uncertainties and of exciting promises.


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