scholarly journals World trade organization and Azerbaijan

2020 ◽  
Vol 1 (1) ◽  
pp. 92-101
Author(s):  
Samira Allahverdiyeva ◽  

As we know, the interest of each state in joining the WTO is to succeed in foreign trade and in particular, to benefit more. To this end, the countries of the world are closely following the global foreign trade policy and trying to establish the right policy on the path of development. The main feature of the global economic system, on which we now focus more is the subject of discussion at the international level, is the implementation of systematic and rapid changes in the system of public administration. From this point of view, it is very important for Azerbaijan to gain the necessary position in the global sense, and, of course, if there are some delays in this area, rapid changes in the global arena increase the likelihood of negative effects for Azerbaijan. To this end, it is very important that the members of the WTO Preparatory Commission are fully trained and well-directed. As a final result, I would like to note that the government of the Republic of Azerbaijan should make extensive use of the experience of member states in the negotiation process and conduct a proper assessment. In addition, I think that special work should be done to inform the public about the WTO, and more productive events should be organized.

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.


2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.


Author(s):  
_______ Naveen ◽  
_____ Priti

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.


2015 ◽  
Vol 2 (2) ◽  
pp. 49
Author(s):  
Fco. Gerardo De la Puente Ortas

La reciente crisis del ébola ha puesto de relieve lo importante que es la comunicación en tiempo de crisis. En este estudio se hace un repaso de los acontecimentos y los errores de comunicación institucional operados para poner de manifiesto que lo importante es el mensaje adecuado para los públicos a los que va destinado, en este caso los ciudadanos. The recent Ebola crisis has highlighted the importance of communication in time of crisis. This study reviews the events and institutional communication errors, to show that what really matters is the right message to the public to whom is addressed, in this case the citizens.


Author(s):  
Kong Qingjiang

China is upgrading its bilateral investment treaties (BITs), and in the meantime embracing free trade agreements (FTAs), which can be accommodated to offer international investment rules (IIRs). A specific question in this regard will be: shall the investment issues be left to the upgraded BIT or proposed FTA? Given the trend that the investment rules embodied in the FTAs are increasingly intended to replace BITs between contracting states, this question, which poses a preliminary issue to the trade policy-makers of China and its partners, must be addressed from the public policy choice point of view. The paper argues for a sequencing of bilateral investment rule-making and proposes that unless the proposed FTA with investment rules is to leave policy space for the government, the BIT shall be given a due role to play in the course of economic integration between China and its partners.


Author(s):  
Pandelani H. Munzhedzi

Accountability and oversight are constitutional requirements in all the spheres of government in the Republic of South Africa and their foundation is in the Constitution of the Republic of South Africa of 1996. All spheres of government are charged with the constitutional mandate of providing public services. The level of responsibility and public services provision also goes with the level of capacity of a particular sphere. However, most of the direct and visible services that the public receives are at the local sphere of government. As such, enormous resources are channelled towards this sphere of government so that the said public services could be provided. It is imperative that the three spheres of government account for the huge expenditures during the public service provision processes. The parliaments of national and provincial governments exercise oversight and accountability over their executives and administrations through the Public Accounts Committees, while the local sphere of government relies on the Municipal Public Accounts Committees. This article is theoretical in nature, and it seeks to explore the current state of public accountability in South Africa and to evaluate possible measures so as to enhance public accountability. The article argues that the current public accountability mechanisms are not efficient and effective. It is recommended that these mechanisms ought to be enhanced by inter alia capacitating the legislative bodies at national, provincial and local spheres of the government.


2020 ◽  
pp. 43-62
Author(s):  
Paweł Borecki

From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was concluded in violation of Art. 46 of the Vienna Convention, i.e. in breach of the rules of national law concerning the competence to conclude a treaty of fundamental importance. The Government of the Republic of Poland did not raise this objection within a reasonable time. There are also no circumstances that could constitute obvious reasons for considering the Polish concordat of 1993 as expired. One might try to defend the position that the concordat may be terminated unilaterally, despite the fact that it does not contain an appropriate clause in this regard. It can be compared to a friendship treaty. Such contracts are, by their very nature, subject to termination. It also seems that if need be, the Polish side might be able to terminate the concordat due to a fundamental change in circumstances, e.g. by referring to the rapidly progressing secularization process of Polish society. A very serious barrier to the termination of the concordat by the Polish side is the Constitution of the Republic of Poland of 1997. In Art. 25 sec. 4 it provides for the obligation to define the relations between the state and the Catholic Church, especially in the form of an international agreement with the Holy See. The hypothetical termination of the 1993 concordat would require prior appropriate amendment of Poland’s constitution and the consent of a number of state bodies. In the current legal situation in Poland, the termination of the treaty with the Vatican is very difficult in procedural terms, and is politically unrealistic.


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