scholarly journals The Role of Specialized Civil Society in Challenge Corruption with Glance to I.R.I

2017 ◽  
Vol 7 (3) ◽  
pp. 174
Author(s):  
AmirNezam Barati ◽  
Ali Babayee Mehr ◽  
Mohsen Sharifi
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Good Governance ◽  
Efficiency And Effectiveness ◽  
United Nations Convention ◽  
The Law ◽  
In Transit ◽  
And Control ◽  
Civil Societies

Combating against corruption is one of the most important factors for establishing Good Governance. Corruption is a social, political and economic phenomenon that defect the democratic institutions and stop establishing good governance. This study using analytical – descriptive, analyses the role of civil society in combat corruption with glance to I.R.IFindings of this study show that the role of special civil societies has remarkable efficiency and effectiveness in combat corruption. In challenging corruption different actor such as government, private sector and specialized civil society have function, but the role of civil societies is more effective than others.In relating to the I.R.I actions against corruption, the country enacted different laws such as the law of access to information, the Law of United Nations Convention against Corruption and this process will send a clear message that the country is determined to prevent and control corruption. In pathology of corruption in I.R of Iran the concentration on fighting against corruption, is concentrated on "The Staff of Combat against Economic Corruption" and civil society don’t have effective or remarkable role to fight against this abnormality and this Staff is most important centers to harmonize the actions against corruption. Finally, the most important causes of corruption in every developing Nations in Transit such as Iran are big government and interference of Government in economy, the weakly embedded rule of law, the ineffective and inefficient of government policy, lack of accountability and institutional transparency.

Negotiating the UN Convention on the Law of the Sea

2019 ◽  
pp. 538-542
Author(s):  
Tommy Koh
Keyword(s):  
Rule Of Law ◽  
Law Of The Sea ◽  
Distinctive Features ◽  
The Rule Of Law ◽  
The Third ◽  
Peaceful Settlement ◽  
United Nations Convention ◽  
The Law ◽  
Settlement Of Disputes

The United Nations Convention on the Law of the Sea (UNCLOS) applies to 70 percent of the earth’s surface, creating a legal order for the world’s oceans. It promotes peace and cooperation. It supports the peaceful settlement of disputes and the rule of law. This chapter offers a practitioner’s account of the negotiating process that led to the adoption of UNCLOS, based on the author’s experience as President of the Third UN Conference on the Law of the Sea. Among the distinctive features of that Conference were (1) the treaty-making conference began without a draft and used a single negotiating text, (2) the role of unofficial private negotiating groups, and (3) the avoidance of voting. These features proved vital to the success of the Conference.

scholarly journals The Comparative Study of civil Society Organizations in Combat Corruption in I.R.I and South Korea with Overview to the United Nations Convention against Corruption (UNCAC)

2017 ◽  
Vol 3 (2) ◽  
pp. 222
Author(s):  
Abutaleb Motallebi Varkani ◽  
Amir Nezam Barati
Keyword(s):  
Civil Society ◽  
South Korea ◽  
Good Governance ◽  
Civil Society Organizations ◽  
Civil Society Organization ◽  
United Nations Convention ◽  
In The Beginning ◽  
The Comparative Study ◽  
Political Economic

Corruption is a social, political, economic and even security phenomena that defect the democratic institutions and it make a lot of problem for governance (private, civil society and government sectors). Combating corruption is one of the most important factors for establishment of Good Governance. In combat corruption different actor such as government, private sector and civil society have functions, but the role of civil societies are very effective than others.This study using analytical–descriptive, analyses the role of civil society in combat corruption in I.R. of Iran and South Korea.Findings of this study shows that in south Korea the role of special civil society organization in combat corruption have remarkable efficiency but in Iran, specialized civil society organizations are in the beginning of the path to tackle corruption or this kind of NGO is not established until now, while the parliament ratified the law of UN Convention against corruption and it is necessary to execute and recognize the role of these NGOs in this hard struggle.

scholarly journals Law compliance and enforcement in doing business to follow the rule of law in the market economy of Viet Nam

2020 ◽  
Vol 3 (4) ◽  
pp. 478-487
Author(s):  
Vien The Giang
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Legal Framework ◽  
The Rule Of Law ◽  
Doing Business ◽  
The Law ◽  
The Government ◽  
Role Of The Government ◽  
And Control

Based on the theory of agency problem and the relation between the government and market, this paper analyzes and evaluates the practice of law compliance and enforcement in doing business of enterprises. It is necessary to strengthen the law compliance and enforcement to enterprises, thereby ensuring the rule of law in business organization and operations. The results show that the regime of legal representative significantly affects the law compliance and enforcement of enterprises. In addition, the role of the government in enacting, modifying, and enforcing law of investment or doing business can negatively affect the the law compliance and enforcement of enterprises. Therefore, it is of importance to design a legal framework to monitor the behavior of legal representatives of enterprises and control the unreasonable intervention of the government in relationships in a market economy.

The impact of applying good governance standards in reducing corruption and achieving sustainable development in Yemen

2021 ◽  
Vol 26 ◽  
pp. 769-791
Keyword(s):  
Sustainable Development ◽  
Development Process ◽  
Good Governance ◽  
Arab Countries ◽  
Significant Decline ◽  
The Core ◽  
Efficiency And Effectiveness ◽  
Political Economic ◽  
The Impact

This paper aims to highlight the role of applying good governance standards in reducing corruption and achieving sustainable development in Yemen, since good governance represents the core of the development process of countries and societies. Good governance is based on the principle of transparency, accountability, efficiency and effectiveness in order to raise the capacity and efficiency of the state and make it more capable and effective to achieve sustainable development. Corruption in all its forms is one of the biggest obstacles to sustainable development in Yemen, and a major reason for wasting state resources and limiting foreign investment, and thus the expansion of poverty, the poor, and other effects related to the failure to achieve sustainable development. Yemen is one of the most Arab countries facing major challenges in the field of implementing good governance and combating corruption in order to achieve sustainable development and achieve its goals at all political, economic, social and environment. This paper concluded that Yemen suffers from a lack of implementation and enforcement of good governance standards, as well as a rampant corruption, which has led to an expansion of poverty and a significant decline in development rates. Key words: Good Governance, Corruption, Sustainable development.

scholarly journals PERAN KONVENSI HUKUM LAUT INTERNASIONAL PBB 1982 DAN INTERNATIONAL MARITIME ORGANIZATION (IMO) BAGI KESELAMATAN DAN KEAMANAN ANAK BUAH KAPAL (ABK) SELAMA BERLAYAR DALAM PELAYARAN INTERNASIONAL

2020 ◽  
Vol 2 (1) ◽  
pp. 160-178
Author(s):  
Piseth Chann
Keyword(s):  
Human Resources ◽  
United Nations ◽  
Ad Hoc ◽  
International Management ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The Law ◽  
The Relationship

ABSTRAKEksploitasi terhadap tenaga kerja di laut lepas, khususnya ABK, masih sering terjadi. Meskipun tidak diatur secara spesifik, keselamatan dan keamanan ABK dapat dikaitkan dengan KHL PBB 1982, Pasal 94. Tujuan dari kajian ini adalah untuk menjelaskan keterkaitan Pasal 94 KHL dengan perlindungan terhadap ABK, peran IMO terhadap keselamatan dan keamanan ABK, dan kerja sama antara IMO dan ILO dalam menangani masalah eksploitasi sumber daya manusia dalam pelayaran internasional. Dari kajian ini dapat dijelaskan bahwa dalam KHL PBB 1982, Pasal 94 Ayat 2 (b) dan 3 (b) terdapat kewajiban yang dibebankan kepada Negara Bendera untuk ikut bertanggung jawab jika ABK mendapatkan suatu masalah. Sementara itu, sebagai agen khusus PBB, IMO telah mengadopsi satu Kode Manajemen Internasional dengan tujuan untuk memastikan keselamatan manusia dan menghindari kerusakan lingkungan laut. IMO, ILO dan Ad Hoc juga membentuk kerja sama tripartit untuk mengatur hal-hal yang berkaitan dengan ketenagakerjaan di laut. Kata Kunci: anak buah kapal; IMO; ILO; keselamatan dan keamanan ABSTRACTExploitation of workers on the high seas, especially the ship's crew, is still common. Although not specifically regulated, the safety and security of the ship's crew can be linked to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), Article 94. The purpose of this study is to explain the relationship between Article 94 UNCLOS and the protection of ship's crew, the role of International Maritime Organization (IMO) in the safety and security of ship's crew, and cooperation between IMO and ILO in dealing with the problem of exploitation of human resources in international shipping. From this study, it can be explained that in the 1982 United Nations Convention on the Law of the Sea, Article 94 Paragraphs 2 (b) and 3 (b) there was an obligation imposed on the Flag State to take responsibility if the ship's crew had a problem. Meanwhile, as a UN special agent, IMO has adopted an International Management Code to ensure human safety and avoid damage to the marine environment. IMO, ILO and Ad Hoc also formed tripartite cooperation to regulate matters related to employment at sea.Keywords: ILO; IMO; security and safety; ship's crew

scholarly journals The Current Political Challenges to the Mexican Democratisation Process

2019 ◽  
Vol 24 ◽  
pp. 87-113
Author(s):  
Lisdey Espinoza Pedraza
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Society ◽  
The Rule Of Law ◽  
Institutional Revolutionary Party ◽  
Current State ◽  
Revolutionary Party

This paper will attempt to answer what the current state of contemporary democracy in Mexico is after the return of the Institutional Revolutionary Party (PRI) to the presidency by analysing the role of Civil Society, Political Society and the Rule of Law from 2012 to 2018. This paper will also explore if the party’s return was indeed a step backwards in the process of Mexican democratisation, or whether it was simply another step on a long road in which the various political parties alternate power. In 2018, Mexico elected its new president for the next consecutive 6 years along with a fair number of congressional seats and local gubernatorial posts, an election that again put Mexican democracy through a difficult test.

scholarly journals Interaction of the Probation Service and Civil Society Institutions in the Implementation of Probation Tasks

2019 ◽  
pp. 124-136
Author(s):  
Tetiana Nikiforova
Keyword(s):  
Civil Society ◽  
Social Processes ◽  
Religious Organizations ◽  
Educational Work ◽  
State Service ◽  
Probation Service ◽  
Close Cooperation ◽  
The Law ◽  
Definition Of ◽  
And Control

The current national legislation, which regulates the organization and implementation of probation in Ukraine in terms of regulating the cooperation of the probation service with civil society institutions, is analyzed. It has been established that such cooperation is possible by involving volunteers in probation in carrying out tasks related to the supervision of convicts and the implementation of social and educational work with them, as well as interaction on a contractual basis with enterprises, institutions and organizations irrespective of the forms of ownership. The disadvantages of such regulation are revealed, including the discrepancy between the norms of the Law of Ukraine «On Probation» and the Regulation on the organization of volunteers' probation activities in terms of involving volunteers in cooperation. The Law «On Probation» proposes to regulate the principles of cooperation of the probation service with public and religious organizations with the definition of mutual rights and responsibilities, responsibility, supervision and control over the activities of the relevant organizations in the field of probation by the probation service. The prospects and effectiveness of cooperation of the probation service with religious organizations, especially with regard to the implementation of social and educational work with the convicts, are analyzed, on the basis of foreign experience and experience of cooperation of state service and religious organizations in the sphere of resocialization of convicts and ensuring public safety. It is concluded that the actual introduction of probation (not the formal implementation of the relevant legislative provisions, but the actual cooperation with the person who committed the crime, aimed at preventing her from committing new crimes without isolating her from society, and vice versa with a real involvement in social processes) is impossible without the close cooperation of probation service with civil society institutions. It is proposed at the legislative level to strengthen the possibility of the development and implementation of non-state alternative probation programs by religious organizations of non-prisoners with probation.

The Impact of Civil Society on Governance in Lesotho

2020 ◽  
Vol 12 (2) ◽  
pp. 129-144
Author(s):  
Mphonyane Rakhare ◽  
Tania Coetzee
Keyword(s):  
Public Policy ◽  
Civil Society ◽  
Political Parties ◽  
Good Governance ◽  
Democratic Institutions ◽  
Independent Media ◽  
The Government ◽  
The Impact ◽  
Democratic Country ◽  
Civil Societies

The article acknowledges that Lesotho governance has been characterised by unstable democracy since its attainment of independence in 1966, which makes civil society and other democratic institutions unable to pursue their roles as expected. The proposed solution to overcome predicaments that Lesotho faces was to have active and vibrant democratic institutions such as civil societies, ombudsman, political parties, independent media, independent electoral commissions and the legislative, executive and judiciary. The article aims to bridge the gap by examining published literature and documentary review, which clearly elucidate how good governance can be achieved in a democratic country with the help of active democratic institutions. The article highlights the importance of active and vibrant civil society in governance and public policy. The article concludes by justifying that in deed the government of Lesotho should accept and allow participation of civil society so as to be able to realise its contribution and the important role played by it. Also, civil society in Lesotho must distance themselves from suspicions that they are political parties in disguise.

scholarly journals Resettlement, Populism and the Multiple Dimensions of Solidarity: Lessons from US and Canada

2020 ◽  
Vol 22 (1) ◽  
pp. 114-138
Author(s):  
Davide Strazzari
Keyword(s):  
Civil Society ◽  
State Planning ◽  
National Interests ◽  
International Dimension ◽  
Planning And Control ◽  
Long Run ◽  
Multiple Dimensions ◽  
And Control

Abstract Resettlement is the selection and transfer of refugees from a State in which they have sought protection to a third State which has agreed, voluntarily, to admit them. Since resettlement is subject to State planning and control, it is usually immune from current populist narratives that depicts immigration as contrary to national interests. By looking at the experience of both US and Canada, the paper argues that this is not always the case. Resettlement involves not only an international dimension of solidarity, but also an intra-national one which, in turn, is both vertical and horizontal. The former refers to the role of the subnational units with regard to the selection and the distribution of refugees crossover the country, while the latter relates to the involvement of civil society in some elements of their identification or reception. A lack of coordination among these multiple dimensions of solidarity may result in local resistances that in the long run can influence the enforcement of national resettlement policy.

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