International Journal Of Legal Studies And Policy

SENSITIVE DATA AND PRIVACY PROTECTION IN THE MIDDLE EAST AND NORTH AFRICA BEYOND GENERAL DATA PROTECTION REGULATION (GDPR): LESSONS FOR BRUNEI

2025-08-17T21:35:10-05:00

This paper examines the evolving landscape of data protection and privacy regulations across the Middle East and North Africa (MENA region), with particular emphasis on approaches that diverge from the European Union’s General Data Protection Regulation (GDPR). Through comparative analysis of legislative frameworks in key MENA jurisdictions, including the United Arab Emirates, Saudi Arabia, Egypt, and Morocco, this research identifies distinctive regional approaches to data sovereignty, religious and cultural considerations in privacy conceptualisation, and sector-specific regulatory models. The study contextualises these findings against Brunei Darussalam’s current data protection framework, which remains in nascent stages of development having just come into force in early 2025. Drawing on the MENA region’s experiences, this paper proposes a tailored roadmap for Brunei that balances international best practices with local legal traditions and cultural values. The findings suggest that Brunei might benefit from adopting elements of the UAE’s free zone approach, Saudi Arabia’s sector-specific regulations, and Morocco’s balanced implementation strategy, while adapting these models to accommodate Brunei’s unique socio-legal context and economic priorities.

UTILISING BIG DATA FOR NON-PROFIT ORGANISATION IN TACKLING TERRORIST FINANCING IN INDONESIA

2025-08-17T22:32:12-05:00

The role of Big Data is essential in enforcing laws aimed at combating terrorist financing and in the operation of Non-profit organisations. The prioritisation of Big Data utilisation is essential for Non-profit organisations in addressing the challenge of Terrorist Financing. This article aims to analyse the use of Big Data by Non-profit organisations in Indonesia, which are noted for their vulnerabilities and may act as channels for terrorist funding. This article presents a conceptual framework and engages in thorough descriptive analysis. The article employs qualitative methodology with triangulation to assess the theoretical framework and identify legal gaps related to the role of Non-profit organisations in Terrorist Financing, as well as the application of Big Data to mitigate associated risks. The primary reference is grounded in Indonesian regulations pertaining to Non-profit organisations and the Anti-Terrorist Financing Law. This article illustrates how Non-profit organisations can utilise Big Data to reduce their vulnerability to threats and risks linked to terrorism financing while simultaneously improving reporting compliance, accountability, and transparency regarding their financial resources. Nonprofit organisations and reporting parties must ensure compliance with the verification and monitoring of suspicious transactions.

RETHINKING PLANT VARIETY PROTECTION IN AFRICA: IS THE UPOV-STYLE REGIME ADEQUATE FOR ENSURING FARMERS’ RIGHTS AND FOOD SECURITY?

2025-08-18T01:14:35-05:00

African countries are establishing plant variety protection regimes to incentivise investments in plant breeding and the development of crop varieties for the purpose of improving the productivity of basic food crops for smallholder farmers in the continent. However, the regimes, which are mostly modelled on the 1991 Act of the International Convention for the Protection of New Varieties of Plants (UPOV Convention) 1961, undermine the traditionally unrestricted farming practices of using, saving, selling and exchanging farm seeds and other propagating materials that constitute farmers’ rights. Therefore, this paper assesses the suitability of adopting UPOV-style regimes in protecting crop varieties in Africa. Particularly, it critically analyses the potential impact of the UPOV-style regimes on farmers’rights and reflects on the broader implications for food security in Africa. It found that the system of plant variety protection obtainable under the UPOV-style regime challenges farmers’ rights and ability to control food production and conserve and sustainably use plant genetic diversity in agriculture for diversified farming. This poses a threat to food security in Africa. It is, therefore, imperative to provide safeguards against the erosion of farmers’ rights and for the protection of traditional knowledge and agricultural practices in Africa.

MINORITY RIGHTS IN BANGLADESH: A COMPARATIVE LEGAL ANALYSIS WITH INDIA, PAKISTAN AND CHINA

2025-08-18T01:19:58-05:00

The objective of this paper is to examine the rights of minorities in Bangladesh’s Constitution. The authors argued that Minority Rights should be incorporated especially to that ensure the majority and the minority are on an equal footing. This paper focuses on Bangladesh to illustrate a global problem of Minority groups by comparing it with the states that obtained minority rights in a special manner in their Constitutions and aims to compare it with India, Pakistan, and China. This paper is conducted by using secondary data and the authors of this paper have collected all the data from different sources such books, journals, case laws, case books, newspapers, websites, government regulations, and statutes. The original Constitution of 1972 of Bangladesh exemplified that every person would be treated equally and with dignity and focused on Secularism. Through the cultivation of an understanding and respect for one another, the many subgroups that contain a community should be able to interact with one another and cooperate while yet retaining their distinct identities. Though the Constitution of Bangladesh ensures equality for every citizen, when it comes to the promotion of various cultures, nevertheless, this equality concept could not be followed.

FOOD SAFETY MANAGEMENT SYSTEM: THE ROLE OF INTERNATIONAL LAW AND ITS EFFECTIVENESS

2025-08-18T01:24:08-05:00

The role of international law in international food safety management is crucial in assuring compliance within the global Food and Beverage (F&B) industry. This industry operates within a complex supply chains and diverse governing landscapes around the globe. In the context of food safety frameworks, international organisations such as the World Health Organisation (WHO), the Food and Agriculture Organisation (FAO) and the World Trade Organisation (WTO) have implemented wide-ranging of guidelines, treaties and agreements intended to ensure the harmonising food safety standards around the globe. The most notable standards are known as the Codex Alimentarius (Codex) and the Sanitary and Phytosanitary Measures (SPS Agreement). These standards have been successfully implemented in developed nations, subsequently enhanced the public confidence, improved health outcomes and strengthened trade regulations. However, in most developing nations, implementation often lack the technical expertise, facilities and financial resources. Furthermore, the non-binding nature of many international standards and the over reliance on national regulation mechanisms weaken their global effectiveness. Thus, the article suggests for stronger international cooperation, resource mobilisation and information exchange, particularly to support developing nations. This article further suggests to ensure compliance and accountability, where there is a need for the formation of binding international regulations and global food safety watchdog. The article in essence studies the relationship between international food safety standards and industry practices, exploring implementation challenges, struggle from industry stakeholders, and the capacity of international organisations to ensure obedience. Finally, it concludes by assessing whether current international frameworks are adequate to meet the growing food safety challenges worldwide.

LAND LAWS AND THE ECONOMIC IMPERATIVE: MOTIVATIONS FOR POLITICAL SURVIVAL IN THE FORMATIVE STATE OF BRUNEI

2025-08-18T01:34:03-05:00

Law and public policy are two intertwined, yet fundamentally distinct, categories continuously shaping all aspects of social relations. The degree to which they arbitrate daily life demands better understanding of their relational dynamics, being essential for effective governance and decision-making, but more importantly, to also better understand how their nuances, sometimes unintended, can impact society. This paper employs critical juncture theory to examine the intersection between public policy and the law, focussing on
the 1907 Land Enactment and the 1909 Land Code, backdropped against a period when Brunei was in the midst of transforming from a traditional negara system of governance to a modern state. The broader context within which policy decisions are made, together with its accompanying law(s), is essential for understanding the two categories’ symbiotic processes. This study is further deepened by an additional analytical dimension posed by the early State of Brunei’s fluid socio-political state of affairs, bringing the relationship between public policy and the law into sharper focus. This study finds Brunei’s 1907 Land Enactment and 1909 Land Code was impelled by a political imperative in the guise of economic policy, while laying the critical foundations for constructing a yet-to-emerge concept of national identity that will forever change Brunei’s socio-political landscape.