THE OVERLOOKED ECONOMIC DEMOCRACY PRINCIPLE IN SYNDICATED LOAN AGREEMENT BASED ON INDONESIA

Article 2 of Law No. 10 of 1998 for banking gives the clear explanation that Indonesian banking do their business based on economic democracy by using prudential principle. Economic democracy is a concept that was initiated by the founding fathers to find an appropriate form of economy in accordance with the character of the Indonesian nation.     

A JUST LEGAL PROTECTION OF DEPOSITORS AND DEBTORS IN THE BANKING LAW

Depositors and debtors are inherent in banking as an intermediationinstitution. The banking law has not given enough guarantee for banks to do their intermediation function, especially debtors need some protection in their transactions with banks from the pre-to post-transactions. The legal issue of this present research is a just legal protection of depositors and debtors in the banking law.     

POLITIC OF LAW OF GROUND WATER EXPLOITATION

One of Indonesia characters is welfare state, reflected in Republic Indonesia Constitution in 1945 （UUD NRI year 1945） on Preamble paragraph 4 mentioning the general welfare is the primary aim of the state. Provision of Article 33 paragraph （2）, （3）, and （4） UUD NRI year 1945 as lives of many people that natural resources inform of water for the greatest prosperity of people＇s and controlled by state. This is in line with the Constitution Act No. 7 year 2004 on water resources, focus on welfare of people and based on the reflection of democracy spirit. Based on the constitution of Local Government Act No. 32 year 2004, the important role to support the achievement of social welfare problems associated with water （ground water）, is crucial. However, the Presidential Decree RI No. 36 year 2010 which provides space for the foreigners to invest in water exploitation orientation, and there was interest~politic of law, so the local government at the beginning prioritize on the welfare of the local people turned into the realm of economic interest to revenue for local government. Based on the statement above, so the problems of people＇s welfare, democracy and justice are neglected.     

Casualisation and international labour standards： The role of trade unions in Nigeria

Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980＇s and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a ＇race to the bottom＇ of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.     

ADDRESSING ECONOMIC MELTDOWN： AN EVALUATION OF FIAT AND CREDIT MONEY FROM ISLAMIC PERSPECTIVE

The unrestrained issuance of fiat and credit money brings inflationary pressures that result in the depreciation of currency value, thus also the value of sovereign debt. Their liquidity allows predatory capitals to run havoc across the over-flnancialized global markets creating instability and frequent occurrence of monetary crisis. An in-depth analysis shows that fiat currencies are inherently ribawi （usurious） and their use involves gharar （uncertainty）, and their roles in international markets have promoted other practices of riba, and maysir （gambling）, all of which bring about economic oppressions and injustices. The flaws that are inherent in the fiat currency have made this quest for an alternative, namely, metal-based money, which is crucial especially for the Muslims because of its natural stability and fairness as a medium of exchange within the parameter of Islamic principles.     

AN EVALUATION OF THE CHINESE LEGAL SYSTEM ON SUSTAINABLE DEVELOPMENT

The philosophy of binary purpose in conjunction with a holistic approach reflects sustainable development.These ideas are in accordance with Chinese traditional philosophy and culture,as well as the contemporary economic and social development.It calls for the central government's support to achieve sustainable development at the initial stage.However,in the long run,this approach has drawbacks which are concealed Thus,prompt adjustment is needed.In the relationship between the systems of sustainable development and democracy,human rights,sovereign equality of states,and sustainable development are approbated by the Chinese law system.The bottleneck of sustainable development is linked to its ideological system.Integration is related to the bottleneck of binary purposes,good governance,public participation,and human rights.The government-oriented mechanism has a time element that is related to the bottleneck of utilitarianism and basic economic law.For China's sustainable development,breaking the bottleneck to improve the system and seizing the opportunity to make innovations are of great significance.     

THE EVOLUTION OF THE PUBLIC ADMINISTRATION REFORM IN ROMANIA

Before the adoption of the Constitution, the whole administration was a unidirectional and hyper-centralized State administration, now we see the prospect of delimiting the functional aspect of the administration of the state administration from one of local communities, to transform public administration at all levels in public services constituted in the interest of the population, being in the public interest the establishment of local government autonomy, characterized by the existence of public authorities arising from the will of local communities, to act in order to satisfy their needs, while fulfilling the duties established by law.     

RIGHT TO INFORMATION： AN ARDUOUS JOURNEY FROM BRITISH RAJ TO INDEPENDENT INDIA

Democracy is the axis of Indian polity. It requires openness and transparency in every sphere of country＇s governance. Right to Information is the core of openness and transparency. It is not only a lifeline but also an acid test for an alive and vibrant democracy. After a long battle against ＂secrecy-regime＂, Right to Information found legislative sanction in the year 2005. But, the task is not over; because it is not easy to sensitize people in power to do away with the century old colonial legacy of ＂secrecy-regime＂, which helped them to play safely, just by enacting a single piece of legislation. Both political parties and bureaucracy are not accepting the norms set by the Act whole heartedly due to this reason. They often gang up to scrap the Act as well as the decisions of the competent authorities. Massive effort is, therefore, required from every quarter of the society including all democratic institutions to adopt the policy of openness and transparency by putting themselves within the compass of the Act. Only then we would be nearer to the goal of Gandhian concept of ＂Swaraj＂ and     

Effective prison rehabilitation system： Special reference to Sri Lanka

Prison is one of the main and important agencies which involves in the criminal justice process. Offenders who are sentenced to imprisonment are sent to this institution for rehabilitation. The main objective of the prison institution is to rehabilitate prisoners thereby helping them to understand what was wrong with their behaviors and helping them to become productive citizens in the future after releasing from prison. In order to achieve this task, the prison system should take necessary steps to conduct an effective rehabilitation process during the imprisonment period and to ensure the protection of their human rights. The present situation in prisons, the increasing rate of the reconvicted and the recidivism demonstrate that the prison system in Sri Lanka is not able to successfully reach its main goal that of the adequate rehabilitation of offenders and sufficient protection of their rights. This paper focuses on an effective prison rehabilitation system for Sri Lanka through the protection of rights of prisoners. To reach this goal, the role and the importance of the concept of rehabilitation as a main objective of punishment, present international regional and national laws relating to the rights of the prisoner, existing prison system in Sri Lanka, the current problems in our prison system and reasons for the problems are discussed. Furthermore, the initiatives and the measures that could be taken for an effective prison rehabilitation system in Sri Lanka and the role of the public and privates institutions in this regard are also considered.     

THE HEDGEHOG DILEMMA IN THE COURT-MEDIA RELATIONSHIP IN CHINA

This paper explains why Schopenhauer＇s ＂Hedgehog Dilemma＂ may be the most apposite metaphor for the relationship between the courts and the media. Whatever they get from each other, the media＇s role representing the public and the court＇s role representing justice are both essential to modern democracy. Therefore, their relationship has attracted attention, not just in legal and media professions, but also in public and government debate. In the last two decades, China ＇s highest court has issued judicial interpretations and guidelines to regulate the activities of the media and the court, which has brought the topic to a new level of discussion. As a drafter of these official documents, the author will comment on development in this field and their interaction with values inherent to democracy.     

BUSINESS SERVICES METHODS ANALYSIS OF OUTSOURCING PRACTICES IN CROSS-BORDER

＂Offshoring＂ or cross-border outsourcing is a new process in the field of economy and trade. Some of the legal and economic experts mentioned it as ＂migration or commerce jobs＂ and its rise in developed countries backs to 1960s. This phenomenon is known as one of the economic processes in recent decades which are kind of currents and changes that impact other aspects of economic life,     

Towards a new paradigm of the right to self-determination in the world trading system

There has been a shifting meaning of the right to self-determination, since World War Ⅱ, from territorial decolonisation into other meanings such as the right for indigenous people, minorities, ethnics groups and women＇s rights in the territories of independent states. Furthermore, the new phenomenon signifies that it is also used implicitly in the world trading system by states in maintaining their sovereignty from trade liberalization. This has been a dilemma in understanding the right to self-determination within international law. This paper, however, critically evaluates the potential applicability of the right to self-determination in the world trading architecture. It begins by examining the origins, evolution and current struggle to the right to self-determination in the world trading system. It then addresses in General Exceptions, Safeguard Measures and Special and Preferential Treatment as existing and applied principles in the World Trade Organization. It is highlighted that the real world still needs the right to self-determination as a means of struggling for economic justice. The right to self-determination has shifted from the right to transfer territory politically into the right to the transfer of welfare economically and in particular, the right to self-determination of people into the fight to self-determination of states.     

The impact of mining rights on the local communities in Limpopo Province, South Africa： A comparative study

The paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of the protection of social and economic right in the context of the globalization of the activities of multinational mining and petroleum companies, as illustrated by different instances of increasing state withdrawal and with regard to specific African countries. In Africa, economic liberalization has been accompanied by a programmed redefining of the role of the state withdrawal from certain areas： planning, production and social reform, a reorientation of state intervention from certain other areas, redistribution, regulation and mediation etc, with a view of promoting a particular type of growth strategy based on promotion of private economic interests. This process has led to the delegitimation and weakening of states which were already characterized by fiscal crises, notably in countries under structural adjustment. While the process of reconceptualisation of the role of the state is not specific to Africa, its impact has been particularly significant with regard to the possibility of implementing developmental strategies designed to protect social and economic rights.     

MARRIAGE LAW AND CONFUCIAN ETHICS IN THE QING DYNASTY

The Qing Dynasty is the last dynasty of all the twelve dynasties in Chinese history. Its family law embodied the Confucian conception of the integration of family, country and the world under heaven. The rule of traditional Chinese society was depicted as ＂the Rule of Propriety and Music＂ which had been established by Duke Zhou as an instrumentalist mechanism and refined by the Confucian humanistic value orientation. This rule exhibited the intricate fabric of both family and country in five-types in dressing-service, making the laws and legalities in the Qing Codes and Cases peculiar in marriage, divorce, property inheritance and heir adoption and confirmation with obvious female and juvenile discriminations. Since Confucian ethics was introduced as a remedy to the deficiency in regulation and the stereotypes of mentality in the late Zhou Dynasty, their suggestions on equal and universal moral rights have become apparent in the relative enactments and cases ever since. As a system of social regulation, the Qing Codes and Cases demonstrated validity and stability in all areas of family law as well as in their compromise with Confucian ethics in the solidarity of family, clan, country and worm where the right to live and the balance between right and duty had been always prioritized.     

ENHANCING THE IMPLEMENTATION OF CSR IN DEVELOPING COUNTRIES TO ACHIEVE SU STAINABLE DEVELOPMENT： INDONESIAN PERPSPECTIVE

The existence of Transnational Corporations （TNCs） in developing countries may affect the economic growth in developing countries as well as the environment. It is very common that in order to enhance economic growth in developing countries, the developing countries jeopardize their environment especially over exploitation of the natural resources. Therefore, it is paramount to harmonize between economic growth and protection of the environment.     

ELECTRONIC PROXY SOLICITATION AND RELEVANT REGIME CONSTRUCTION OF SHAREHOLDER DEMOCRACY IN CHINA

Shareholder democracy reflects the very nature of company.There are many legal mechanisms for shareholders to exercise their rights,one of which is electronic proxy solicitation.Internet technology has provided a great facility for corporate governance and shareholder democracy.This paper advocates that electronic proxy solicitation will improve shareholder democracy effectively,and China should establish a relevant legal regime.It discusses the feasibility of establishment and the mode of legislation on electronic proxy solicitation regime,and proposes a preliminary definition of the rules of electronic proxy solicitation regime in China.     

THE EVOLUTION OF POLICY AND LAW FOR SUSTAINABLE DEVELOPMENT IN CHINA

This article examines the evolution of politics and laws related to sustainable development in China. Sustainable development has been positioned as an economic development strategy many years ago. However, in earlier times, it bore a heavy tint of national strategy, followed by a kind of soft sustainable development with a technological orientation. The recent decade has seen China on track for strong sustainable development. At the present, China is around the turning point of the ＂Environmental Kuznets Curve,＂ where both domestic and international multiple pressures are forcing the whole country to make new choices for its dimension of sustainable development strategy. Although sustainable development has been recognized by the legal field of environmental resources, it is still not yet fully integrated into other areas of law. The period from weak to strong sustainable transition is accompanied by another transition, more significant in China, from industrial civilization to ecological civilization. Compared to weak sustainable development, the complex and contradictory character of strength has brought more challenges. Sustainable development of dualism and compromise, which corresponds with the actual needs in China, is an important theoretical basis and practical standards for implementing the scientific view of development. Finally, it concludes by noting that ecological civilization is attempting to solve the problems from a more broad perspective, and to pay more attention to public participation, at the same time to cover the shortage of environmental legislation.     

INSTITUTIONAL CHALLENGES TO CHINA＇S INNOVATIVE CAPACITY BUILDING

After dynamic economic growth for more than 30 years, China has been increasingly pressured with the unsustainability of its extensive development model. Despite the remarkable economic growth and the party-state promotion, China is facing barriers for its economic upgrading with scientific and institutional innovation. In recent years, a series of policies and measures have been taken by the Party-State to promote country＇s innovative reorientation. However, implementation of these measures in practice is facing many institutional difficulties, which closely relate to the necessary political reform in order to liberalize people＇s creativity and entrepreneurship. The article will examine three major institutional challenges in this regard from legal perspective.＂ freedom of speech, a level playing field for free market competition, and research integrity. The author argues that the Party-State＇s support and promotion will be insufficient to build up a society with innovative capacity when the Party-State regime itself becomes an obstacle to such development. Success of China＇s innovative reorientation to a large extent depends on its political and institutional reform as well as a fair and equal competitive market system.     

The impact of economic theories on the law in market relations

The impact of economic theories on legal development, thinking and practice is undeniable. This is particularly true for neo-classical and institutional economics. Neo-classical economics are based on model assumptions of human behaviour such as pursuit of personal advantage, individualistic goals, complete information and at the same time law obedience which are the foundations of the functioning of the market mechanisms. The assumption leads to an almost mystical belief in the self-regulatory power of the market and a strong disdain and disapproval of the State. The concepts of a minimal State and de-regulation of all social relations follow from there. This article argues that model assumptions are valid scientific tools, as long as they are not taken to reflect the real world which is populated by real people that are not necessarily behaving like homines oeconomici. Preaching de-regulation and the dismissal of the State can prove simplistic and even dangerous and may lead to financial and economic crises like the ones witnessed in recent years. Institutional economics part from these empirical findings. They do not question individualism and the pursuit of egoistic objectives of market-participants, but they insist on inherent risks of this mechanism which stems from opportunistic behaviour, lack of information and transparency and the limits of trust. Property economists deduct from there that sustainable and dynamic economic development is unthinkable without well defined property title, the distinction of property and possession and credit securities. These institutions cannot be self-regulatory but need a clear legal frame, in other words rules established by a State. Transaction costs economists understand the danger of opportunistic behaviour and a corresponding systemic lack of trust in the negotiation, conclusion and execution of contracts. They underline the necessity of institutions which are capable of limiting these dangers and thus reducing transaction costs. Institutions may be customs, informal arrangements and formal law. At the end two examples are presented-real estate transactions and post-patriarchal family relations-to test the utility of these considerations.