Template-Type: ReDIF-Paper 1.0 Author-Name: Romina Beqiri Author-Name-First: Romina Author-Name-Last: Beqiri Author-Email: rominabeqiri@yahoo.com Author-Workplace-Name: European University of Tirana Title: A Victim-Oriented Justice Dispute in the context of the Judicial System Reform in Albania Abstract: The position and status of victims in the criminal justice process have been the subject of recent developments at the domestic, European and international levels in many aspects. The adoption of domestic legislations reflects the understanding of the challenges faced by victims and their commitment to a progressive judicial system. In this context, the recent amendments to its Code of Criminal Procedure in light of the recent Judicial System Reform by Albania seem to be a positive development towards the extensive participation of victims of crime in criminal proceedings. However, there are debates whether the right to participate is practically implemented and what is its impact on the criminal trial. This research shows the demand for the establishment of a neutral support mechanism to assist victims at all stages of the judicial process - from investigation to a final judgment. This paper addresses the perceptions and expectations of the judicial staff to address all the issues pertaining to victims? needs in and outside the criminal proceedings. This article aims: (1) to shed a light on the reasons behind the Judicial System Reform approach to amend the Code of Criminal Procedure rather than to adopt a comprehensive and comprehensible victim-oriented justice; (2) to reflect upon the role and rights of victims in the Albanian criminal justice system; and (3) to conclude with the recommendation to set up an effective long-term mechanism with the sole responsibility to provide the required support and assistance to the victims in Albania and in the context of the Kosovo Specialist Chamber. Length: 15 pages Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 1-15 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=001&rid=9864 File-Function: First version, 2018 Number: 7909864 Classification-JEL: K14, K33, K49 Keywords: victim participation, victim?s rights, psycho-social assistance and protection, financial compensation, mediation Handle: RePEc:sek:ilppro:7909864 Template-Type: ReDIF-Paper 1.0 Author-Name: Martin Brenncke Author-Name-First: Martin Author-Name-Last: Brenncke Author-Email: m.brenncke@aston.ac.uk Author-Workplace-Name: Aston Law School Title: The limits of judicial power in England and Germany: a comparative methodological and constitutional perspective Abstract: The principle of legal certainty, the rule of law and the constitutional separation of powers are affected to a significant degree when judges engage in judicial law-making, i.e. when they restrict or extend the scope of application of an enactment beyond or against the possible semantic meanings of the statutory language. This paper assesses how far English and German judges go when they interpret national legislation. It adopts a comparative methodological and constitutional perspective. The border between permissible judicial law-making and impermissible judicial amendment of legislation is governed by ?outer? methodological limits in judicial practice. This paper explores reasons that may explain the existing similarities and differences in these limits in England and Germany. By focusing on the methodological constraints of judicial law-making, the paper adds an underexplored aspect to the debate on converging / diverging statutory interpretation in civil law and common law jurisdictions. It also focuses on the often neglected relationship between statutory interpretation and constitutional law. The wider debate the paper feeds into is the debate about the proper degree and limits of judicial power in a legal system.This paper argues that opposing default positions exist in English and German judicial practice in relation to the permissibility of judicial law-making. This is not only due to different underlying constitutional settings but also due to historical factors and tradition that affect judicial attitudes. The paper thus rejects the thesis that statutory interpretation in both countries is fundamentally uniform.In the realms of rights-consistent judicial law-making and interpretation in conformity with an EU directive, this paper discerns contrasting trends in statutory interpretation in both jurisdictions. One effect of these trends is, however, a growing congruence not only in the general expression of outer interpretative limits but also in their application in individual cases in England and Germany. This convergence is based on judges? common understanding of their constitutional role vis-à-vis the legislature. Changes in the UK constitutional framework can partly, but not fully, justify this convergent development. Another reason for the high level of convergence is that English courts have exceeded their judicial powers. The paper therefore argues that scholars have rightly criticised highest English courts for undermining constitutional doctrine with adventurous re-interpretations of legislation. As regards German judicial practice, the paper will challenge scholarly claims that German courts have extended the limits of the judicial function. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 16-16 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=002&rid=8829 File-Function: First version, 2018 Number: 7908829 Classification-JEL: K10, K40, K19 Keywords: statutory interpretation, judicial law-making, rights-consistent interpretation, EU legal duty of conforming interpretation, English judicial practice, German judicial practice, convergence, divergence Handle: RePEc:sek:ilppro:7908829 Template-Type: ReDIF-Paper 1.0 Author-Name: Lizette Grobler Author-Name-First: Lizette Author-Name-Last: Grobler Author-Email: lizette@sun.ac.za Author-Workplace-Name: Stellenbosch University Title: Revisiting Vagrancy and Loitering Provisions in the Light of International Law Abstract: As part of the colonial heritage of Africa, vagrancy laws criminalising idleness and disorderliness still form part of existing legislation. These laws originated in England?s Vagrancy Act of 1824 and remain in the penal codes and by-laws (prohibiting loitering) of former British colonies. Globally, vagrancy laws subsequently became the subject of constitutional scrutiny due to their tendency to typify a specific action or inaction as illegal and to criminalize, as Ocobock notes, the ?personal condition, state of being, and social and economic status? of offenders. With the adoption of The Principles on the Decriminalisation of Petty Offences by the African Commission on Human and Peoples? Rights by the African Commission on Human and Peoples? Rights in November 2017, the reconsideration of vagrancy and loitering has become immanent to African legislators. Vagrancy laws are still entrenched in African penal codes stemming from the colonial era. These laws provide for the arrest of street vendors, beggars, street kids, homeless people, and sex workers. In South Africa, vagrancy legislation was used during the 19th and 20th century but the body of law has been repealed. However, petty offences are still prohibited by by-laws pertaining to issues such as nuisance, noise, street trading and littering in a city. In particular, petty offences may refer to bathing or washing in public; urinating or defecating in public; using abusive or threatening language in public; drunken behaviour; fighting or acting in a riotous manner in public; and drying or spreading laundry in a public place or on a fence on the boundary of a public road. In this paper I will investigate the implications of international law (regional and other international instruments as well as soft law) in terms of the obligations created with specific focus on vagrancy and loitering provisions. These provisions are suspect because of their origin in ideologies aimed at controlling labour and space and do not reflect the commitment of member states to promote and protect human and peoples? rights. In particular, I want to focus on the provisions governing the use of public space. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 17-17 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=003&rid=9657 File-Function: First version, 2018 Number: 7909657 Classification-JEL: F53, D63, F54 Keywords: loitering, vagrancy, International law, human rights, public space, colonial legislation Handle: RePEc:sek:ilppro:7909657 Template-Type: ReDIF-Paper 1.0 Author-Name: Jasmeet Gulati Author-Name-First: Jasmeet Author-Name-Last: Gulati Author-Email: jgulati@jgu.edu.in Author-Workplace-Name: O.P. Jindal Global University Title: IS OTHERING ANTITHETICAL TO HUMAN RIGHTS? Abstract: In any homogeneous or heterogeneous society, reference to ?others? is not only to those who have been internally displaced or have entered as refugees or migrants, but also to those who are not identifiable as belonging to that society. The reasons could be many-fold; including different culture, nationality, gender, and so on. These differences are commonly known. But otherness can also be distinguished because of certain features which are outside this realm i.e. those who are not in power or place of authority, or those who are having a belief or ideology which donot form part of the larger group. They are unable to integrate with society because not only have they lost their identity but their assimilation has also been restricted by the ?majority?. These ?others? are not accepted as part of ?us? where the society is in a superior position so as to be able to stop ?others? from being ?us?. Since the ?others? are not accepted in the mainstream, their vulnerability leads to denial of basic rights which form part of those rights that are recognized as human rights. The paper will be divided into four parts. The first part will explore the reality of ?otherness? amongst human beings which is not only because of majority-minority based reasoning. The second part of the paper will discuss the human rights aspect of the concept of otherness, because the moment we distinguish a group as others, we violate their human rights. The part will highlight the basic rights of the migrants being violated which are recognized under the UDHR e.g. right to asylum. It will also focus on the principle of non-refoulement which is now a rule of customary international law.Part three will highlight the plight of refugees owing to the indifference of Governments towards them. The case of Syrian crisis in Europe will be analogized with the Rohingya refugee crisis in India. The political setting of a developing state like India will also be discussed. The plight of internally displaced persons will also be reflected upon to draw a contrast to the situation in Europe. In conclusion, part four of the paper will focus on implementation of human rights i.e. whether recognizing ?others? amongst ?us? will be antithesis to the concept of human rights in the light of Refugee Convention 1951 which has already distinguished refugees as others. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 18-18 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=004&rid=9483 File-Function: First version, 2018 Number: 7909483 Classification-JEL: K33 Keywords: Human Rights of Refugees, Refugee Convention, Others amongst Us Handle: RePEc:sek:ilppro:7909483 Template-Type: ReDIF-Paper 1.0 Author-Name: Yehya Hossen Author-Name-First: Yehya Author-Name-Last: Hossen Author-Email: yhaly18@yahoo.com Author-Workplace-Name: institute of national planning Title: A Comparative Study on arbitrary clauses of E-commerce contracts Abstract: The arbitrary clauses are supplied by the professional or the stronger party in contracts concluded where one party is a weaker non-professional compared the stronger professional, with aims of realizing the interests of the non-professional at the expense of the other party. Compliance Contracts include arbitrary clauses and the emergence of compliance contracts was one of the most important reasons leading to the creation the arbitrary clauses. As a number of researchers have claimed it is the fertile field on which the arbitrary clauses clearly appear. This study explains the meaning and features of the compliance contract briefly, then goes on to explain to what extent E-Commerce Contracts along with compliance contracts can be considered by the consumer. The study also analyses the meaning of the arbitrary clause and its invalidity. Finally, the study will present the constitutions of arbitrary clauses in E-Commerce contracts and how to resist them. In particular, comparisons are made in the Egyptian and French legislations as well as a number of European directives and legislations, with an analysis on various legal provisions contained in Egyptian, French and other European directives. Attention will also be paid to Arab laws and articles which serve to regulate electronic transactions. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 19-19 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=005&rid=8786 File-Function: First version, 2018 Number: 7908786 Classification-JEL: K12, K12, K12 Keywords: Arbitrary, Clauses, E-commerce, Compliance, Invalidity, Authority Handle: RePEc:sek:ilppro:7908786 Template-Type: ReDIF-Paper 1.0 Author-Name: Adela Kratenova Author-Name-First: Adela Author-Name-Last: Kratenova Author-Email: adela.kratenova2015@my.ntu.ac.uk Author-Workplace-Name: Nottingham Trent Uviversity Title: International legal relations in troubled times and their impact on substantive elements of international trade Abstract: Trade between different countries forms a significant part of national economic development worldwide. The significance of the interdependence of countries is increasing with rising globalisation (Helpman, 2011). To facilitate cross-border cooperation, including trade, countries form associations and other cooperative units with established rules, often with economic advantages, amongst the Member States. The European Union (the ?EU?) and the European Economic Area (the ?EEA?) are relevant examples of the above cooperation. One of the main objectives of the EU is the establishment of an internal market without internal frontiers ensuring the free movement of goods, persons, services and capital (Consolidated version of the Treaty on the Functioning of the European Union 2012, Art. 26). The EEA unites the EU countries with Iceland, Liechtenstein and Norway, allowing the non-EU members to enjoy the free movement of goods, persons, services and capital without internal frontiers similarly (Agreement on the European Economic Area, 1994, Art. 1). The United Kingdom (the ?UK?) is a Member State of the EU (and therefore the EEA) allowing it to be part of the concept of an internal market. However, the situation for the UK might be changed in the future due to the UK?s EU membership referendum which took place on 23rd June 2016 resulting in the majority of voters expressing their desire for the UK to leave the EU (the UK leaving the EU also ?BREXIT?). BREXIT will inevitably impact various aspects of the existing legal establishment. The area of Private international law (the ?PIL?), encompassing the determination of applicable law, jurisdiction of courts and enforcement of foreign judgement, will be influenced to a significant extent. The paper will briefly examine the current legal establishment and the options the UK has concerning future arrangements of the PIL rules. Further, the paper will investigate future jurisdictional competence, enforceability of foreign judgements taking into consideration the development in a field of international arbitration, specifically the enforcement of arbitration awards and control of arbitration proceedings in the BREXIT context. The paper aims to identify the challenges brought by the potential removal of the current EU PIL regime which can be considered as a ?safety net?. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 20-20 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=006&rid=9348 File-Function: First version, 2018 Number: 7909348 Classification-JEL: K00, K33, K20 Keywords: Brexit, Private International Law, International Commercial Law, Trade, Enforcement Handle: RePEc:sek:ilppro:7909348 Template-Type: ReDIF-Paper 1.0 Author-Name: Katerina Lewinbuk Author-Name-First: Katerina Author-Name-Last: Lewinbuk Author-Email: klewinbuk@stcl.edu Author-Workplace-Name: South Texas College of Law Houston Title: Comparative Analysis of Ethical Boundaries and Regulations for Lawyers in The United States, European Union and Russia/Legal Profession in a Comparative Context Abstract: This presentation is intended to expose participants to various types of regulation of lawyers in different parts of the world. It will comparatively examine the structure and ethical framework of the legal profession in the United States (mainly based on the ?Model Rules of Professional Conduct? issued by the American Bar Association), European Union (covered in the well-accepted cross-border legal practice regulation of lawyers-document titled the ?CCBE?), and in Russia (described in the ?Code of Professional Ethics for the Attorney?), as an example of a post-Soviet country, including the recourse that may be taken against attorneys for ethical misconduct and professional malpractice. Other topics to be covered will include a range of accompanying ethical and legal issues, such as the role of lawyers and judges, beginning and ending of the attorney-client relationship, globalization of the legal profession and the image and expectations of lawyers in parts of the world mentioned above. The presentation will also address various aspects of ethical law practice in selected countries described and analyze the reasons behind established traditions and practices in various legal systems. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 21-21 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=007&rid=8977 File-Function: First version, 2018 Number: 7908977 Classification-JEL: P37, K19, F01 Keywords: comparative law/analysis, regulation of lawyers, USA, EU law, Ethics and the legal, profession, Global lawyering Handle: RePEc:sek:ilppro:7908977 Template-Type: ReDIF-Paper 1.0 Author-Name: Peter Mihók Author-Name-First: Peter Author-Name-Last: Mihók Author-Email: peter.mihok@umb.sk Author-Workplace-Name: Univerzita Mateja Bela v Banskej Bystrici Title: Electronic monitoring of offenders and accused persons in Slovakia in the international and European context Abstract: The first program of Electronic monitoring of offenders and accused persons in Slovakia was launched by Law adopted in 2015 and shaped by the results of the pilot project co financed by the European Union. The aim of this presentation/paper is threefold: (1) to briefly summarize the key facts and data concerning this program, (2) to introduce the project titled ?Interdisciplinary approach to electronic monitoring of accused and convicted persons in the Slovak environment? (acronymed IAEMPS), and (3) to present the results of the research concerning the international and European context of the above mentioned Slovak national program, carried out within the IAEMPS project. Length: 12 pages Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 22-33 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=008&rid=9580 File-Function: First version, 2018 Number: 7909580 Classification-JEL: J18, K14, K33 Keywords: Slovakia, electronic monitoring (EM), the national EM program, Acquis communautaire, the IAEMPS project Handle: RePEc:sek:ilppro:7909580 Template-Type: ReDIF-Paper 1.0 Author-Name: Soyoung Park Author-Name-First: Soyoung Author-Name-Last: Park Author-Email: sypark@kistep.re.kr Author-Workplace-Name: Korea Institute of S&T evaluation and planning Title: The role of government in science and technology legislation to prepare for the era of artificial intelligence Abstract: With the rapid development of AI(Artificial Intelligence) technology, new types of accidents that have not happened before are occurring. An autonomous vehicle causes a crash, and a guard robot attacks a child. However, most countries have not established a legal framework for coping with these accidents. If such a situation continues, the legal risk will increase, which will hinder the development and utilization of AI.So it is time for the government to worry about the legislation to prepare for the AI era. To build confidence in AI technology, it is necessary to construct a system for coexistence with existing systems. As a part of this preparation, this study analyzes the legal issues of AI disputes and draws the government 's task in the field of science and technology legislation for the preparation of AI era. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 34-34 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=009&rid=9652 File-Function: First version, 2018 Number: 7909652 Classification-JEL: Keywords: Artificial Intelligence, legislation, liability system Handle: RePEc:sek:ilppro:7909652 Template-Type: ReDIF-Paper 1.0 Author-Name: Petra Perisic Author-Name-First: Petra Author-Name-Last: Perisic Author-Email: pperisic@pravri.hr Author-Workplace-Name: Faculty of Law University of Rijeka Title: MARITIME DELIMITATION BETWEEN THE REPUBLIC OF CROATIA AND THE REPUBLIC OF SLOVENIA IN THE BAY OF PIRAN Abstract: After the dissolution of the Federal Socialist Republic of Yugoslavia, Croatia and Slovenia ? former socialist republics and now independent states ? had to define their interstate borders. Since there were no maritime boundaries in Yugoslavia between the republics, an uti possidetis principle, which had been used for determining land borders, could not have been applied at sea. It was therefore on states to agree on the maritime delimitation.Croatia and Slovenia, however, were not able to settle their dispute by diplomatic negotiations and they agreed to submit the dispute for arbitration. However, during the course of the proceedings, Slovenia got involved into an ex parte communication with one of the members of the Arbitral Tribunal, which resulted in Croatia?s withdrawal from the proceedings.The Tribunal nevertheless decided that it had jurisdiction to continue with the proceedings and ultimately decided on the merits of the case. Croatia refuses to implement the Tribunal?s decision, while Slovenia insists on its implementation. It is yet to be seen how the settlement of this dispute will proceed, however it is interesting and legally challenging to analyze the Tribunal?s award, which introduces a rather unusual solution to the delimitation issue. Length: 15 pages Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 35-49 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=010&rid=9655 File-Function: First version, 2018 Number: 7909655 Classification-JEL: Keywords: arbitration, maritime delimitation, bay, uti possidetis, junction Handle: RePEc:sek:ilppro:7909655 Template-Type: ReDIF-Paper 1.0 Author-Name: Nahid Razmjoo Author-Name-First: Nahid Author-Name-Last: Razmjoo Author-Email: nahidrazmjoo1@gmail.com Author-Workplace-Name: Islamic Azad University of Shiraz Author-Name: Hossein Kavianpour Author-Name-First: Hossein Author-Name-Last: Kavianpour Author-Email: kavianpour.hosein@gmail.com Author-Workplace-Name: Fars Bar Association Title: The Effect of Nationality on Criminal Policy Abstract: Criminal policy, in its broad sense, is related to various economic, social, cultural, political, and scientific factors. It is inter acting with the aforesaid factors in practice. In order to recognize the basis for criminal policy change, the study of the effect of different matters for a proper guideline is needed. Nationality which includes individual relationship to an esteemed government and governmental support, based on migration of individuals all around the world as well residency in foreign lands, is among significant matters which its effect on Criminal Policy can be regarded the basis of change. As in European council, the security and freedom of people which are the most important concerns of governments and citizens, the Council, without any discrimination, through the needed approved laws, tries to guarantee that freedom and security of people. The question of whether nationality is an effective element in criminal policy is of great significance. The present study investigates the effect of Nationality on Criminal Policy in Iran and European council as well as different dimensions, related to the policies, practiced in these two legal systems which have same similarities and differences. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 50-50 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=011&rid=9604 File-Function: First version, 2018 Number: 7909604 Classification-JEL: Keywords: Criminal Policy, Nationality, Migration Handle: RePEc:sek:ilppro:7909604 Template-Type: ReDIF-Paper 1.0 Author-Name: Numtip Smerchuar Author-Name-First: Numtip Author-Name-Last: Smerchuar Author-Email: numtip@fuji.waseda.jp Author-Workplace-Name: Waseda University Title: Thailand?s Approaches in Managing Migrant Workers, 1978 - 2008 Abstract: As a major country situated in the middle of mainland Southeast Asia, Thailand has experience in migration movements. In 1977, Thailand began adapting to industrial development. Due to rapid industrialization, Thailand was confronted with an inadequacy of domestic labor, and higher wages meant Thailand became a destination of labors from other countries in the region. In such circumstance Thailand could not come across to reach a concrete policy on foreign workers but what Thailand could do most was to introduce a day by day policy. In other words, without an effective policy on immigration, Thailand has to face many problems that came after. With a help from illegal movement which got benefits from illegal immigrants, Thai policy in this case was still in vain.Historical research on Thailand?s migration policies is limited. However, what there is can explain a specific phenomenon of governmental migration policy. Additionally, the previous studies were highlighted on 1992, which was the beginning of the relaxation of registration of an influx of migrant workers from neighboring countries. The policy is often described as part of the larger migration context, or as outlining the scope of the topic under discussion, but the mechanisms of policymaking, and how those have changed over time, is rarely discussed. This study argues that the role of government as the main agent since the Foreign Employment Act of 1978, and the reasons for change in each transition period, should be explored to explain the Thai government?s handling on this issue during a period of political turbulence and global economic changes. The contents of the paper show how Thailand has confronted its problems, including the state?s perception and the policy mechanisms used to solve those problems. Based on the government documents, the dynamics Thailand?s policies can be concluded as; 1) Thailand has no coherence objectives to handle with migrant workers. 2) Thailand responded the influx of undocumented workers with controlling approach during 1978-2000 and shifted to systematic management approach in 2001 onward, and 3) Thailand?s migration policy perused isolate from national development strategy. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 51-51 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=012&rid=9615 File-Function: First version, 2018 Number: 7909615 Classification-JEL: Keywords: Thailand migration policy, immigration, public policy Handle: RePEc:sek:ilppro:7909615 Template-Type: ReDIF-Paper 1.0 Author-Name: Corlia Van Heerden Author-Name-First: Corlia Author-Name-Last: Van Heerden Author-Email: corlia.vanheerden@up.ac.za Author-Workplace-Name: University of Pretoria, South Africa Title: The legislative and institutional framework for South Africa's new Twin Peaks model of financial regulation Abstract: In response to the lessons learnt from the 2008 Global Financial Crisis, South Africa has recently moved from a model of silo sectoral financial regulation to a Twin Peaks model captured in the new Financial Sector Regulation Act 9 of 2017. Notably South Africa is the first emerging market from the African continent to adopt such a refined regulatory model which is a sui generis adaptation of the model originally introduced by Michael Taylor.The South African model in fact has three peaks comprising of the central bank that is tasked with the promotion and maintenance of financial stability and the newly established Prudential Authority (tasked with systemwide prudential regulation) as well as the newly established Financial Sector Conduct Authority (tasked to oversee market conduct on a systemwide basis). It is submitted that it may be instructive from an international perspective to consider the carefully designed legal framework for the execution of the central bank's financial stability mandate that includes emergency powers to deal with systemic events and also the power to designate SIFIs. It would also be instructive to consider the objectives and functions of the Prudential Authority and Financial Sector Conduct Authority and how the legislative framework facilitates their contribution to financial stability and inter-agency cooperation. Length: 1 page Creation-Date: 2018-07 Publication-Status: Published in Proceedings of the Proceedings of the 2nd Law & Political Science Conference, Prague, Jul 2018, pages 52-52 File-URL: https://iises.net/proceedings/2nd-law-political-science-conference-prague/table-of-content/detail?cid=79&iid=013&rid=9341 File-Function: First version, 2018 Number: 7909341 Classification-JEL: E58 Keywords: Twin Peaks; central bank; financial stability Handle: RePEc:sek:ilppro:7909341