Volume 5 - Issue 2
Research Area: Political Science
Title: A CRITICAL REVIEW OF THE AFRICAN UNION AGENDA 2063 AND ITS IMPLEMENTATION STRATEGIES
Keywords: African Union, Agenda 2063, International Organization, African countries, regional integration
Author(s): Dr. Dennis KAPYATA
Author’s Institution: UNICAF University, Uganda
Abstract: Besides the Constitutive Act, one of the tools being used by the African Union (AU) as a guide to performing its duties within the contemporary relationships with the member states and external partners is through relying on Agenda 2063. In this paper, the genesis of Agenda 2063 and the strategies of its implementation as well as the logic behind relying on Agenda 2063 when executing AU objectives are evaluated. Thereafter an assessment of its significance for the African continent, successes and limitations is made. In the context of our discussion, the paper will endeavour to answer the question as to whether Agenda 2063 is living to its desired expectations to attain some of its core objectives. The paper also highlights the challenges and several limitations in the implementations of Agenda 2063. Notable among others is the lack of uniformity in terms of embracing Agenda 2063 priorities, the African diversity problem in terms of location and resource ownership as well as the challenges of funding by the AU member countries who are the practical direct beneficiaries of Agenda 2063.
Research Area: Social Science
Title: PROBLEMS OF EVIL AND THE QUESTION OF UNIVERSAL HUMAN NATURE
Keywords: Problems of Evil, Language, Human Nature, Biological Similarities, Universal
Author(s): Dr. Folorunso Paul Olorunsola
Author’s Institution: Ekiti State University, Ado Ekiti, Nigeria
Abstract: This paper examines critically the features that are commonly found and exhibited in human nature even though our experiences about reality are sometimes perceived differently and hence the possibility of cultural specifics cannot be overemphasized. It is equally a truism that some actions of human beings covertly or overtly expressed can only be identified with humanity. Such events and actions may range from culture, language, society and other capabilities which are within the domain of human civilization regardless of colour. Despite obvious differences, some conditions abound to the extent that we can infer acceptable human universals in human nature and existence. The work examines some of these factors cumulating into an acceptable common human nature. The aim is really not to advance what may seemingly be termed universalist course of action but to show the philosophical imports within the general context of human nature by paying attention to the polemics arising from the problems of evil as an existential human phenomenon, language and biological similarities within this contextual category.
Research Area: Company Law
Title: LEGAL PROVISION OF MERGER AND ITS APPLICATION IN MERGING OF COMPANIES: A CASE OF BANGLADESH
Keywords: Merger, Acquisition, Policy, Regulation, Competition, Company Law
Author(s): Dr. Mohammad Shoeb Mahmud, Nilufar Yeasmin Lima, and Md. Mirajul Islam
Author’s Institution: Sheikh Fazilatunnesa Mujib University, Bangladesh; and Shahjalal University of Science and Technology, Bangladesh
Abstract: Now a day’s merger practice is increasing in the corporate sector as a strategic choice for upholding organizational growth. It has been recognized as a corporate strategy that does not limit only organizational growth but includes profit, empire building, market dominance and long term survival without creating a subsidiary, child entity or using the joint venture. The ultimate goal of this strategic choice is to generate more profit and maximization of shareholder value for newly established companies. The strategy can be chosen by the firms with evil intention to create a monopoly in the market which impacts the economy adversely and eliminates overall competition. There has a number of hurdles or barrier with regards to legislation and regulatory bodies which are responsible to govern the activities of the merger in Bangladesh. Therefore, the aim of this article is to study the existing relevant laws which are being used to give it a legal cover. Besides that article also tries to find out the gaps and loopholes of relevant laws of the merger. This article mainly discusses the definition and forms of the merger, an overview of merger practices in Bangladesh, consequences of the merger in the economy, legal provisions of merger procedure in Bangladesh and lastly the paper concludes with some considerations for effective merger practices in Bangladesh. The sources used in this research paper have been mainly collected from secondary sources like book, journal and numerous relevant website. This paper will be helpful for researchers, policymakers and above all for the law students.
Research Area: Fiscal Law or Taxation
Title: TAXATION OF BITCOIN TRANSACTIONS IN MAURITIUS: A COMPARATIVE STUDY WITH THE US AND ITALY
Keywords: Bitcoin in Mauritius, Mauritius and Cryptocurrency, Taxation of Bitcoins in Mauritius, Tax Compliance, Tax Evasion
Author(s): Ambareen Beebeejaun and Lubnaa Dulloo
Author’s Institution: University of Mauritius, Reduit, Mauritius
Abstract: Bitcoin is a virtual cryptocurrency that is found only in electronic wallets and is defined as a digital, decentralised and pseudonymous form of currency that is neither backed nor issued by the government. However, due to its inherent characteristics, bitcoin transactions entail high risks of tax non-compliance and tax evasion. Hence, this study aims to focus on the efficiency of tax regulation concerning bitcoin transactions in Mauritius in terms of tax imposition and collection and to identify loopholes in the present legal provisions. In order to achieve this research objective, the methodologies for the research are in essence comprised of the black letter approach which will analyse the legal provisions relating to bitcoins in Mauritius. A comparative analysis will also be conducted to find out the corresponding legal provisions relating to bitcoin transactions in the US and Italy. Eventually, the study recommends treating bitcoin as property or foreign currency for tax regulation. Consequently, it is suggested that the Mauritius Income Tax Act 1995 be amended to charge bitcoin income in the form of either a property tax or capital gains in order to be included in the definition of gross income. The study also recommends that the Mauritius Revenue Authority issue guidelines pertaining to the tax imposition and reporting mechanisms of bitcoin transactions.
Research Area: Law
Title: JUDICIAL INDEPENDENCE AND ACCOUNTABILITY OF COURTS IN GHANA: THE POTENTIAL TO DO BETTER
Keywords: Judicial Independence, Accountability, Corruption, Constitution, Ghana
Author(s): Palmer Prince Dagadu
Author’s Institution: School of Law, Xiamen University, China
Abstract: There is hardly any country in the world that does not call for an independent Judiciary. In a civil society there are two closely related needs, first is the determination of rights and liabilities and secondly, an independent organ to adjudicate disputes that arises with regards to the violation of these rights. The concept of judicial independence occupies a central position in a fair and just legal system. Almost all the legal systems are based on the strong belief that judicial bodies will act impartially and in accordance with the law. It is expected that the law of the land must provide not only safeguards to preserve and promote judicial independence but also accountability mechanism in order to make the superior judiciary answerable for their misconducts. This article examines the concept of “judiciary independence” and analyses the extent to which the essentials of the independence of the judiciary are secured under the constitution of Ghana and analyze the relationship between judiciary independence and accountability in Ghana. The article views judicial independence through the lenses of rule of law, corruption and non-interference of government. This article also aims to contribute to the judicial build up in Ghana by highlighting some factors that if well dealt with can lead to some sort of development and sanity in Ghana’s judicial sector.
Research Area: Law of Contract
Title: CONSIDERATION IN THE LAW OF CONTRACT: A COMPARATIVE ANALYSIS BETWEEN THE UK AND BANGLADESH
Keywords: Consideration, Contract Law, Agreements, Bangladesh, UK
Author(s): Tanjin Jahan
Author’s Institution: Department of Law, World University of Bangladesh
Abstract: From the 17th century the concept of consideration is considered as proof of an existing contract. If the contract is considered a bargain between the parties, then the consideration is the proof that the bargain existed and the contract was formed. In the contract law of Bangladesh, the definition of the doctrine of consideration is not specifically provided by the statutory laws or by the case laws. The only word by which it is implied is “something” which is used in Section 2 (d) of the Contract Act 1872. This definition includes anything as consideration of a contract. Therefore the term or application of the principle of consideration is much wider in Bangladesh than that is in English law. Moreover, it is time to think again about whether the concept of consideration is actually necessary to form a contract. As in the commercial contracts agreements of the parties are more valued than the formation of consideration in the agreements. Therefore, in commercial transactions, consideration has nominal practical implementations. The importance of consideration is the evidence that people like to be bound by their agreements rather than violating them. As such the unclarity of the concept of consideration should be clear in both Bangladesh and the UK.