Now showing 1 - 10 of 16
  • Publication
    River Water Regulation In India: The Challenges of the Entangled State
    (University of Pennsylvania * Law School, 2024-06-07) ; ;
    Kanwar, Abhay
    ;
    Rahim, Mia Mahmudur

    The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a "state of entanglement" which cannot be addressed without invoking the unique way the Indian state is embedded within Indian society. This Article suggests that public interest litigation and increased participation for stakeholders and the common people may offer an effective mechanism to overcome the obstacles of the entanglement of state and society in India.

  • Publication
    PPPs and challenges for competition law and policy in ASEAN
    (Elsevier Australia, 2021-09)
    Wisuttisak, Pornchai
    ;
    Kim, Chul Ju
    ;
    This paper studies the rising roles of private–public partnerships (PPPs) and potential challenges for competition law and policy in ASEAN infrastructures. The PPPs policy is established to serve the need for infrastructure development in ASEAN. Various infrastructure sectors in ASEAN are under the control of monopoly state enterprises. The usage of PPPs policy transforms the monopoly structure ASEAN infrastructure toward more market competition and liberalization. By this, the rise of PPPs is an important factor assisting effective market governance in coherence with the set objective of ASEAN competition law and policy. However, the rise of PPPs can also create difficulties in competition law and policy because private investors under PPPs can assume monopolistic power, which is a challenging issue in reframing competition law and policy for ASEAN infrastructure sectors. The paper presents some challenging concerns on the PPPs and the competition law and policy in ASEAN. Some case studies in ASEAN member countries provided an overview of the challenges. Policy implications are proposed to address the challenges.
  • Publication
    Public accountability failure in solving a public nuisance: stakeholder disengagement in a clash of Western and Islamic worldviews
    (Emerald Publishing Limited, 2024) ; ;
    Kuruppu, Sanjaya Chinthana

    Purpose - This paper examines the link between the failure of public accountability and stakeholder disengagement brought about by a New Public Management (NPM) style "smart solution" introduced to reduce public urination in Dhaka city. It shows how New Public Governance (NPG), Islamic and dialogic approaches can improve decision-making and solutions.

    Design/methodology/approach - Drawing on the concepts of public accountability, NPM, NPG and dialogic accountability, this study highlights how narrow conceptions of accountability and poor stakeholder engagement impacted the effectiveness of the "smart solution" based on data collected through observation and unstructured in-depth interviews.

    Findings - Evidence suggests that narrow conceptions of accountability driven by monologic NPM perspectives led to poor stakeholder engagement, which impacted the effectiveness of the "smart solution". The solution that consists of changing anti-urination signage from Bengali to Arabic script has not solved Dhaka's public urination problem. In many instances, the solution has disenchanted certain stakeholders who view it as an offence against Islam and a confusing de-privileging of the Bengali language which has significant national and cultural value in Bangladesh.

    Originality/value - The findings of the study contribute to policymaking discussions on how to effectively engage with stakeholders and extend the literature on accountability within the context of conflicting public versus private demands related to a public nuisance. The study outlines important issues related to stakeholder engagement and introduces a framework that conceptualises how to increase the effectiveness of public policy decisions using NPG, Islamic and dialogic accountability approaches, especially on matters that require significant public/external stakeholder support. It also provides a conceptual integration of these various approaches, including nuanced insights into accountability challenges within "non-Western" contexts.

  • Publication
    Freedom of association in the Bangladeshi garment industry: A policy schizophrenia in labour regulation
    (Wiley-Blackwell Publishing Ltd, 2020-09) ;
    Islam, S K Samidul
    The right to freedom of association is fundamental to the establishment of labour unionism as an institution. The Bangladesh government while requires enabling legal provisions for unionisation in its garments industry, as this paper explicates, its legal regulation for the right to freedom of association is in palsy to uphold the labour unionism. This paper argues for the necessity of legislation capable of drawing from the complementary skills and resources of the government, factory owners, labour unions, and global brands to secure a sustained commitment and contribution towards socio‐economic and political dimensions of labour relations in the Bangladesh RMG industry.
  • Publication
    Corporate Creditors Protection Rights Worldwide: Towards A Convergence of Strategies
    (University of Chicago, Law School, 2024) ; ;

    Companies rely on creditors for funding to operate, making it crucial to have legislative and procedural frameworks that protect the interests of these creditors. This article engages in a comparative analysis of corporate creditors’ protection rights on a global scale, emphasizing the Ethiopian case. The study contends that while countries may adopt distinct approaches to safeguard corporate creditors, and variations may exist in the strictness of rules across different strategies, nations have a universal commitment to implement strategies to ensure adequate protection for creditors’ interests. Notably, the study underlines that, amid the surge in globalization and cross-border commerce, strategies for corporate creditor protection are progressively aligning and converging worldwide, signaling a positive trend in global business dynamics, and the Ethiopian case is not an exception. This convergence reflects a harmonized effort across nations to establish a consistent and practical framework for protecting corporate creditors’ interests in the contemporary globalized economic landscape.

  • Publication
    Humanising the global supply chain: building a decent work environment in the readymade garments supply industry in Bangladesh
    (Edward Elgar Publishing Limited, 2020-07-08)
    This chapter delves into the initiatives to build a ‘decent work’ environment within the supply industry, using the Bangladesh RMG industry as a case study. It postulates that the government, employers and global buyers/retailers lack a sustained commitment to build a supportive environment to safeguard workers’ wellbeing. The related legislation in this regard is far from exhaustive. The employers in this industry consider their workers as a ‘fixed cost’, whereas the governmental agencies which protect workers’ rights are either corrupt, inefficient or inadequate. The chapter ponders upon the immediate need for this industry to institutionalize certain mechanisms to create active sociopolitical dimensions in labour administration. In this regard the labour relation regulation for the RMG industry may espouse the ‘new governance’ approach in labour relations, which is backed by the rulemaking power of the government. This approach exhorts the key stakeholders to rely on each other and work together on strategies designed to reach a common goal. Incorporating such approach in the labour relations of the global supply industries in developing countries can progress the creation of a ‘decent work’ environment through raising trust among the stakeholders, securing a sustained commitment of the principal actors and also creating sociopolitical facets in labour relations.
  • Publication
    The advent of decentralised autonomous business networks in the disembodied economy: a discussion on why the governance regimes of corporations and partnerships are unsuitable to them
    (Edward Elgar Publishing Limited, 2021-08-19)
    Abdussalam, Moshood
    ;
    Novel technologies, including the Internet of Things, blockchain technology and Artificial Intelligence are enabling innovative value creation in manners that promise to upstage traditional methods, and thus established models of business arrangements, including the corporate model, are confronted with displacement. Most importantly, these innovations are facilitating 'the crowd economy' whereby people can, in decentralised order, combine to create, transmit, manage, exploit and consume value. However, it is ineluctable that the new business models ushered in by these innovations generate legal and institutional concerns. This paper discusses the nature of these new business models and the major legal issues likely to arise from them, particularly the question of the appropriate regime of governance most suitable for them, and makes a case for a regime akin to that which applies to unincorporated associations, and thus treat these novel business networks as a web of interlinked contracts between participating nodes.
  • Publication
    Social auditing in the supply chain: business legitimisation strategy rather than a change agent
    (Emerald Publishing Limited, 2023-11-13) ;
    Kuruppu, Sanjaya Chinthana
    ;
    Islam, Md Tarikul

    Purpose - This paper aims to examine the role of social auditing in legitimising the relationship between the buyer and supplier firms rather than strengthening corporate accountability in the global supply chain.
    Design/methodology/approach - Applying case study methodology and drawing on Suchman's theory on societal legitimacy, it is argued that social audits are artefacts of legitimacy, and global firms dominate the buyer-supplier relationship across the supply chain. The analysis is based on data collected from different secondary sources, including Walmart's corporate sustainability reports.
    Findings - Using Walmart's relationship with Tazreen Fashions Limited around the Tazreen factory fire incident as a case study, it explains that the practices which attempt to symbolically demonstrate accountability from social audits need to shift to a more continuous and sincere demonstration of accountability through the social audit process. For this to occur, the cognitive and pragmatic approaches that international buyers have previously used in auditing their supply firms' social responsibility are no longer sufficient to achieve societal legitimacy. Instead, a moral turn needs to underpin the intentions and actions of these buyers to maintain legitimacy and demonstrate accountability across the supply industry in developing economies.
    Originality/value - The findings of the study answer the questions raised in the extant literature about the expectation from social auditing and whether social auditing serves to ensure corporate accountability. The paper contributes to the policymaking discussion of how social auditing can be configured to include a legal provision to ensure that social auditing is not a parroting tool for corporations.

  • Publication
    "Equality", the "Capability Approach" and the Ethical Health Care Paradigm: The Interface
    (Lawbook Co, 2021)
    Vir Singh Kanwar, Abhay
    ;
    As a means of abating the crises of society, the idea of equality has long been a progressive, universal, moral and legal principle to seek justice. However, equality is open to a broad spectrum of meanings and practical applications, mainly due to its endorsement of different interpretations and concepts that give rise to complementary and competing interests. Likewise, the "capability approach", which is proposed as an alternative to the "ideal of equality", is not only contentious but also insufficient to build the theoretical basis of an ethical health care paradigm. This article aims to expand the discussion on the ambiguity around the concept of equality, particularly how it interacts with the diversities in human capabilities in a given context.
  • Publication
    Mind the Gap! Corporate Social Responsibility in the UN Initiatives for Humanising Business
    (Brill, 2024-07-20)

    Business and Human Rights (bhr) and Corporate Social Responsibility (csr) are two closely related concepts that play a critical role in preventing human rights abuse in business operations and addressing social concerns within corporate strategies. The goals of bhr and csr complement each other, but their approaches to incorporating their core principles into business operations differ and the institutions promoting them are distinct. The United Nations (UN) is the primary advocate for bhr principles and programmes, while csr principles and strategies are derived from private ordering systems such as business associations, civil society groups, and private vendors.