scholarly journals Multi-Level, Recursive Law and Development: Singapore’s Legal Role in ASEAN

2018 ◽  
Vol 5 (2) ◽  
pp. 251-269
Author(s):  
Andrew HARDING
Keyword(s):  
Rule Of Law ◽  
Law And Development ◽  
Development Experience ◽  
Multi Level ◽  
Governance Training

Abstract“Developed” states tend to reflect their own development experience in their dealings with “less developed” states, encouraging replication of their own solutions and processes. This is “recursive” law and development (LAD). This article examines the role of Singapore in LAD processes in the ASEAN region. It finds that Singapore’s LAD efforts are recursive and focused on rule-of-law and governance training, including especially anti-corruption methods. These are conducted not via a special agency, but via co-operation that is multilevel, multidimensional, and untrumpeted. LAD can learn lessons from this approach.

Tracking the Law and Development Continuum through Multiple Intersections

2015 ◽  
Vol 8 (2) ◽  
Author(s):  
Ada Ordor
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Development Studies ◽  
Law And Development ◽  
The Rule Of Law ◽  
The Poor ◽  
The Law ◽  
Key Dimensions ◽  
Multiple Intersections

AbstractIdeas expressed as law and development theories have sought to connect law and development by creating a framework within which the role of law in development may be better understood and perhaps even packaged as a kit to be recommended to governments as a way of advancing development. Over the years, thoughts on law and development have crystallised around various concepts such as economic growth, the rule of law, the empowerment of the poor and the growth of institutions. One thing that stands out clearly from these debates is that while there may be a measure of consensus around particular theses or propositions, unanimity among all thinkers, scholars and actors is not likely to follow, nor is it necessarily desirable. This paper draws out threads of thought that present various positions as facets of the law and development dynamic and at the same time, progressive points on the multi-dimensional development continuum. The first section on the progression of law and development summarises a number of themes at the forefront of law and development theorisation over the years. Reflections on these developments follow in the second segment, while a third segment describes various contexts for engaging with law and development studies. This segment, which leads into the conclusion, highlights some key dimensions of law and development thought that need to be further explored and given a place in the taxonomy of law and development scholarship.

scholarly journals Unpacking Legal Pluralism in Commonwealth Africa – Towards Strengthening Methods for Rule of Law Programming for Development

2018 ◽  
Vol 11 (2) ◽  
pp. 277-332
Author(s):  
Elizabeth Bakibinga-Gaswaga
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
Law Reform ◽  
Washington Consensus ◽  
Legal Systems ◽  
Law And Development ◽  
The Rule Of Law ◽  
The Impact

Abstract Agenda 2030 for Sustainable Development has brought the rule of law to the forefront in the quest for sustainable development, with emphasis on Africa and the rest of the developing world. To ensure that law contributes to sustainable development, it is critical to address the mismanagement of legal pluralism in Commonwealth member countries in Africa, demonstrated by the conflict of legal systems and the stagnant evolution of institutions of governance in the aftermath of independence after colonial rule, and the current neoliberal economics-oriented/institutional approach based on the Washington Consensus. The current approaches to rule of law reform and development have resulted in the status quo in Africa, where the role of law and legal systems for sustainable development is not explicitly evident. The law is not applied consciously for development and the role of legal practitioners in development is undermined. An understanding of the impact of colonialism and post-colonial legal systems and the impact of the Washington Consensus; the influence of intergovernmental organizations and international non-governmental actors in providing rule of law reform assistance; and the methodology through which the technical assistance for law and development has been implemented to date is critical to developing new methods/approaches to the rule of law and development.

International Development Law

2014 ◽  
Author(s):  
Jing Gu
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Civil Society ◽  
International Development ◽  
Rule Of Law ◽  
The State ◽  
Legal Institutions ◽  
Law And Development ◽  
Role Of The State

The field of law and development examines the role of law, legal institutions, and legal systems in economic, social, and political development. As a comparatively recent field emerging in the 1960s, law has become an increasingly important aspect of the issues and debates surrounding international development, particularly since the 1990s. Debate continues over the meaning of “development” and what constitutes international development law, as well as over theoretical approaches: the character, role, and impact of legal institutions and development actors; the structures and processes of development; and the principles and norms that are already or arguably ought to be in the system. International development law generates a range of practical challenges, including implementation and enforcement of a right to development; the role of state, and the role of an increasingly globalized civil society; the rule of law; environmental sustainability; land reform; poverty and aid; issues of gender in law and development; law-building in post-conflict situations; transparency and accountability for donors and recipients; and the relationship between human rights, social justice, and rule of law. The centrality of sustainable development, the complexities of globalization, the private sector, civil society, new technologies, and the rise of emerging powers—some as new “nontraditional” donors—further add to the necessity and importance of understanding law and the sustainability of development. Together, these factors of change and transformation provoke new thinking and debate within this field on the role of the state in development and how the international legal rules of the game should operate. From the perspectives of developing countries, primary issues of concern relate to development cooperation and pro-poor, inclusive growth; improved access to trade for small enterprises; development effectiveness; South-South dialogue; climate change; and low-carbon development. Environmental protection and sustainable development represent significant challenges for international law-making, while also offering innovative solutions to some of the systemic problems of the international legal order. One central thrust of contemporary analysis and practice in law and development is the search for better understanding of the relationships between social and cultural factors and international development law in promoting more multidisciplinary approaches. Another central theme is the role of the state in development. The state is not simply a formal legal institution, but has both internal structures of legal competence and external, international legal commitments. There is a pattern of litigation history between the compatibility of the two, with implications for development law. Extensive debate continues over what constitutes development, why and how developing countries should pursue it, and what the eventual goal ought to be. This debate is necessary in retaining the vitality and practical relevancy of law. Development constitutes a form of social and societal change, and the relevancy of law depends on its responsiveness to such change; as such, the role of law in development should be of significant, if not dominant, importance.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

scholarly journals The Pathogenic Role of PI3K/AKT Pathway in Cancer Onset and Drug Resistance: An Updated Review

Cancers ◽  
2021 ◽  
Vol 13 (16) ◽  
pp. 3949
Author(s):  
Federica Rascio ◽  
Federica Spadaccino ◽  
Maria Teresa Rocchetti ◽  
Giuseppe Castellano ◽  
Giovanni Stallone ◽  
...  
Keyword(s):  
Drug Resistance ◽  
Akt Pathway ◽  
Invasion And Metastasis ◽  
Pathogenic Role ◽  
Multiple Cancer ◽  
Downstream Target ◽  
Cancer Types ◽  
Multi Level ◽  
Survival Mechanisms

The PI3K/AKT pathway is one of the most frequently over-activated intracellular pathways in several human cancers. This pathway, acting on different downstream target proteins, contributes to the carcinogenesis, proliferation, invasion, and metastasis of tumour cells. A multi-level impairment, involving mutation and genetic alteration, aberrant regulation of miRNAs sequences, and abnormal phosphorylation of cascade factors, has been found in multiple cancer types. The deregulation of this pathway counteracts common therapeutic strategies and contributes to multidrug resistance. In this review, we underline the involvement of this pathway in patho-physiological cell survival mechanisms, emphasizing its key role in the development of drug resistance. We also provide an overview of the potential inhibition strategies currently available.

scholarly journals Redefining the learning space: Developing peer mentoring in the enterprise curriculum

2020 ◽  
pp. 095042222098126
Author(s):  
Andrew P Hird
Keyword(s):  
Learning Environment ◽  
Peer Mentoring ◽  
Learning Space ◽  
Hygiene Factors ◽  
Multi Level ◽  
Considerable Strain

This account of practice seeks to demystify the entrepreneurship classroom and to provide practical insights into the successful introduction and embedding of a multi-level peer mentoring scheme. Over a 5-year period, peer mentoring has been embedded in an undergraduate enterprise curriculum. This has posed challenges to a number of taken-for-granted assumptions about the enterprise classroom. The role of the tutor in the classroom was redefined; the roles of both colleagues and students were questioned. The accepted rules and norms of the learning environment were placed under considerable strain. It was found that both colleagues and students had very clearly defined expectations of one another and their respective roles: these proved difficult to change. The article recounts the journey, and how the organisers learned to accept and embrace the difficulties faced. Hygiene factors such as timetabling and communication were highly important in allowing the interactions to take place, as were socialisation and facilitation. The mistakes made are also recounted so that they can be avoided by other practitioners.

scholarly journals Building Bridges: A Participatory Stakeholder Framework for Sustainable Urban Construction Logistics

2021 ◽  
Vol 13 (5) ◽  
pp. 2678
Author(s):  
Nicolas Brusselaers ◽  
Koen Mommens ◽  
Cathy Macharis
Keyword(s):  
Urban Areas ◽  
Sustainable Construction ◽  
Environmental Footprint ◽  
Implementation Barriers ◽  
Urban Construction ◽  
Multi Level ◽  
Negative Impacts ◽  
Roll Out ◽  
Construction Works

The urban built environment concentrates due to the growing urbanization trend, triggering construction and renovation works in urban areas. Although construction works often revitalize cities upon completion, the associated logistics activities engender a significant financial and environmental footprint if not handled appropriately. Cities have the largest potential to reduce negative impacts through requirements on construction logistics. However, today, there is a lack of knowledge within cities on how to set such demands and how to involve and manage the numerous and varying stakeholders in these processes. This paper presents a participatory decision-making framework for the governance of urban construction logistics on economic, environmental and societal levels, building further on the Multi-Actor Multi-Criteria Analysis (MAMCA). The framework was then implemented on a use case in the dense urban Brussels-Capital Region (Belgium), gathering a wide variety of stakeholders in the context of a sustainable Construction Logistics Scenario (CLS) evaluation. Special attention was paid on the identification of implementation barriers and the role of governments to facilitate the introduction and city-wide roll-out of novel CLS. Findings show how different processes are site-, actor- and condition-specific, thereby delivering a common built object which is often based on different motivations and concerns. The study proposes a flexible, replicable and upscalable framework both from an inter- and intracity perspective, which can serve to support (1) the management of processes and CLS, (2) the management of people and the community, and (3) the project and city, in the context of multi-level governance.

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