International Journal of Law and Public Policy (IJLAPP)

A Study of Financial Crimes in the Banking Sector of Bangladesh

Musnun Kabir — 2024-09-20

In recent years, Bangladesh has witnessed significant financial crimes within the banking sector, which pose a serious concern for the country. This research investigates the nature and contributing factors of financial crime in the banking sector, along with its primary causes and consequences. The study adopts a qualitative and descriptive approach to examine the modus operandi and impacts of such crimes. Secondary data have been collected from relevant literature, annual reports of Bangladesh Bank, and reviews of pertinent laws and legal cases. Additionally, this study explores various legal measures that can be implemented to curb financial crime in the banking sector. It also highlights the most critical actions that could be taken to prevent these crimes. The aim is for readers to gain a deeper understanding of financial crime and the mechanisms by which law enforcement addresses such offenses. The researcher has analyzed the nature, causes, effects, and potential preventive measures regarding financial crime in Bangladesh's banking sector.

Challenges and Solutions for Labor Law Reform that Strengthens Workers' Rights in Vietnam

Nguyen Thi Thuy — 2024-09-20

This study provides a comprehensive analysis of the legal protections for bargaining rights in Vietnam, exploring the impacts of rapid economic development, globalization, and recent legislative reforms. The Đổi Mới reforms of the late 20th century marked a significant shift from a centrally planned economy to a socialist-oriented market economy, leading to substantial changes in Vietnam’s labor laws. These reforms aimed to align Vietnam’s labor regulations with international standards, particularly concerning workers' bargaining rights. Employing a qualitative research approach, this study analyzes the effectiveness of Vietnam’s Labour Code, the role of trade unions, and recent legislative updates through documentary research and expert interviews. Findings highlight both progress and challenges: while legal provisions for collective bargaining and the role of trade unions have seen improvements, significant weaknesses remain in enforcement mechanisms and coverage for informal workers. The research identifies practical issues, including the disparity between formal and informal sectors and the limited independence of trade unions. The study proposes recommendations to enhance bargaining rights protections, such as strengthening enforcement, expanding legal coverage to informal workers, increasing trade union autonomy, and improving legal aid services. These insights aim to inform policymakers, legal practitioners, and labor rights advocates on how to address existing gaps and improve the effectiveness of labor protections in Vietnam. Ultimately, this research contributes to the broader discourse on labor rights in transitioning economies, offering strategies for advancing legal protections in response to ongoing economic and social changes.

Bureaucratic Law Transformation and Trade Union Fragmentation in Thailand and Japan in the Context of Free Trade

Somchai Ramaraj — 2024-09-20

To achieve economic development, a country must cooperate with other nations. This often involves a partnership where one country provides workers, while foreign investors contribute significant capital. To sustain such trade relationships, bureaucratic reform is sometimes necessary. These reforms aim to enhance administrative efficiency and economic competitiveness but can also lead to the fragmentation of trade unions, which impacts workers' protection and rights. This research explores the transformation of bureaucratic law and trade union fragmentation in Thailand and Japan within the context of free trade. A qualitative comparative study method was employed to analyze the effects of these reforms in both countries. In Thailand, reforms aimed at simplifying the licensing process and reducing regulations have been successful in attracting foreign investment and accelerating economic growth. However, they have also increased job uncertainty and weakened social protection. In Japan, while traditional labor unions persist, the increasing fragmentation has resulted in uneven worker protection. This analysis reveals that the social and economic effects of these changes are complex and require careful policy consideration to balance economic growth with worker protection. The study recommends comprehensive labor law reforms, increased social dialogue, and stronger support for new trade unions to ensure fair and sustainable worker protections in both countries.

The Impact of Decree 70/2023 on Labor Regulation and Industrial Relations in Argentina: A Legal and Economic Analysis

Asbjørn Britt Ntoumanis — 2024-09-20

Decree 70/2023, issued by the Argentine government, addresses critical issues in labor and industrial relations amidst ongoing economic and social challenges. This study evaluates the decree’s impact on labor regulations, focusing on minimum wage standards, protection against unfair dismissal, and dispute resolution mechanisms. Utilizing a mixed-methods approach, both qualitative and quantitative analyses were conducted. Qualitative methods included legal document reviews and expert interviews, while quantitative methods involved assessing changes in wage levels, unemployment, and productivity. Key findings indicate that the decree’s increase in minimum wage aims to enhance worker welfare and stimulate economic growth, but poses challenges for employers, particularly small and medium-sized enterprises. Stricter procedures and improved compensation for layoffs are expected to reduce job insecurity and foster fairer employment practices, though these measures may raise operational costs and administrative burdens for businesses. Additionally, the new dispute resolution mechanisms, which emphasize mediation and arbitration, are designed to resolve conflicts more efficiently and transparently. However, consistent implementation and oversight remain critical challenges. The study concludes that while Decree 70/2023 represents a significant step towards better labor conditions and industrial relations in Argentina, its success will depend on rigorous enforcement and stakeholder cooperation. Further research should focus on the long-term effects of these regulations on Argentina’s labor market and economic stability, as well as continuous evaluation to refine these policies for optimal outcomes.

Advancing Arbitration for Multinational Construction Projects in Saudi Arabia Through Flexibility and Legal Reforms

Khalid Abdul Rub — 2024-09-20

The role of arbitration in resolving multinational construction disputes in Saudi Arabia is explored, focusing on procedural flexibility, confidentiality, and the impact of recent legal reforms. Multinational companies prefer arbitration over traditional litigation due to its closed process, which protects sensitive information—crucial in Saudi Arabia's privacy-focused business environment. Using qualitative methods like case studies, interviews, and legal document analysis, the research highlights key themes such as the need for arbitrators with technical expertise and cultural understanding, enhancing the arbitration process. Confidentiality is a major factor in choosing arbitration, offering protection from public exposure. Additionally, arbitration’s procedural flexibility allows for customized solutions, leading to faster dispute resolution. Legal reforms, including the Saudi Arbitration Law 2012 and the Saudi Center for Commercial Arbitration (SCCA), have strengthened the arbitration framework, boosting investor confidence and improving efficiency. Future research should examine the long-term impact of these reforms, assess the effectiveness of new arbitration institutions, and explore challenges in maintaining confidentiality and selecting competent arbitrators across sectors.