DSpace Community:
https://www.klri.re.kr:9443/handle/2017.oak/9185
2024-03-29T12:55:34ZPublic-Private Partnerships in Relation to Public Contracts and Procurement: Japan's Current Issues
https://www.klri.re.kr:9443/handle/2017.oak/9792
Title: Public-Private Partnerships in Relation to Public Contracts and Procurement: Japan's Current Issues
Author(s): Shigeki Kusunoki
Abstract: In 1999, the Act on Promotion of Private Finance Initiative (PFI Act) was
enacted, and since then, the term “PFI” has been widely used in Japan as an al ternative to the term “public–private partnership (PPP)” used by organizations
such as the World Bank and the Organization for Economic Co-operation and
Development.
However, recent international and domestic progress and environmentally
related changes in the fields of public procurement and contracts have revealed
the need to respond more fully from a PPP perspective in relation to significant
current issues including the Sustainable Development Goals, emergent construc tion works related to natural disasters, protection of cultural or historical heritage
sites, and public procurement in the context of the COVID-19 pandemic.
This article presents legal and practical information regarding recent devel opments in Japan and discusses current and future challenges in relation to vari ous legal schemes and practices under the theme “Public–Private Partnerships in
Public Contracts and Procurement” beyond the traditional framework. Thus, this
article will be useful for readers wanting to deepen their understanding of Japan’s
efforts in these areas, and for those interested in international comparisons.2021-05-31T00:00:00ZDriving Offences Occasioning Deaths in the Road Transport Act 2018 in Bangladesh: A Textual Comparison with Their Equivalents in Australia
https://www.klri.re.kr:9443/handle/2017.oak/9793
Title: Driving Offences Occasioning Deaths in the Road Transport Act 2018 in Bangladesh: A Textual Comparison with Their Equivalents in Australia
Author(s): Sheikh M Solaiman
Abstract: The Road Transport Act 2018 of Bangladesh (RTA2018) has
been swiftly enacted to appease public unrest triggered by the tragic death of
two teenagers in the capital city. Bangladesh is an emerging economy in South
Asia, which is currently striving to attain the United Nations Sustainable Devel opment Goals (SDGs) by 2030. Road safety comes within the scope of SDGs
(Goal 3) and its achievement has proven futile amidst conflicting demands of
the transport sector and the general public, following deaths of thousands of
people on the road every year. Bangladesh has a population of over 170 million
people and an alarming record of the lowest number of vehicle-users against the
highest number of accidents in the world, as revealed from a recent report com piled by several international agencies. This article critically examines specific
provisions of the RTA2018 and the Penal Code 1860 (PC1860) which directly
apply to the deaths caused by offensive driving. It finds that the relevant pro visions of both the RTA2018 and PC1860 are flawed in their actual definitions
of ‘offences,’ making enforcement and conviction inherently difficult, and the
punishments prescribed for the convicts are considered notably soft and hence
ineffective deterrents. This paper submits specific recommendations to address
these identified flaws, with the intention that other countries with poor road
safety regulations may also be able to benefit from this analysis and implement
measures to reduce casualties. Both doctrinal and comparative methods have
been used in conducting legal analysis, relying on mostly primary materials
and scholarly works under the theoretical underpinnings of public interest and
deterrence theories.2021-05-31T00:00:00ZViolence Does Not Need To Be the Answer - How South Korea Embraces Peaceful Methods of Discourse over Social Issues through the Constitution
https://www.klri.re.kr:9443/handle/2017.oak/9794
Title: Violence Does Not Need To Be the Answer - How South Korea Embraces Peaceful Methods of Discourse over Social Issues through the Constitution
Author(s): Sanggyu Suh
Abstract: In an era where democracies are the most common form of government in
the world, the question remains on how to successfully accommodate the issues
of society. While democracy encourages public participation in national politics,
many governments still struggle with how to cope with rising public participa tion, where a popular form of participation is through social movements. Often
times, governments resort to violence to stifle social movements, but this violent
clash does not need to be eternal. Perhaps there is a solution to this situation,
where the constitution and legal bodies that derive their influence and power from
the constitution can provide the platform for controlled and peaceful discourse
between the public and political elite on social issues. In South Korea, the pream ble of the constitution and the constitutional court have been powerful legal tools
that have allowed for peaceful discourse over social issues and have entrenched
the South Korean nation into utilizing peaceful forms of discourse to settle griev ances. This paper will explore the historical evolution and foundations of this
peaceful South Korean system and present lessons that could be adopted by other
democracies around the world to promote peaceful communication between the
public and political elite.2021-05-31T00:00:00Z