Digital Commons Network^™

Combating Transnational Organized Crime In Thailand, Kiattisak Chanjana

Theses and Dissertations

Globalization is described as the removal of barriers to facilitate the movement of goods and funds across national borders. However, this phenomenon has also benefited transnational organized crime networks by providing them opportunities to create new markets for illicit goods and services or infiltrate businesses or governments. In addition, the nature of criminal activities has changed due to the actions of organized criminal groups that commit crimes in one state but carry out the majority of their preparation, planning, direction, and participation in another state. As a result, transnational organized crime activities have an effect on the criminalization and collection …

The Legal And Regulatory Aspect Of International Cybercrime And Cybersecurity: Limits And Challenges, Nnesochi Nweze-Iloekwe

Theses and Dissertations

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such …

Impact Of The “War On Terrorism” On Development Of International Criminal Law, Ayser Alhelme

Theses and Dissertations

This research elucidates international terrorism by reviewing the stages of sociological analysis of terrorism, and by analyzing its theoretical framework. This research traces the historical development of the prevailing uncertainty by which it is characterized. Implications on global security leads us to study international legal development to counter international terrorism that has engulfed entire human societies. The objectives include highlighting international terrorism, and the counter-terrorism measures on part of the international community as it develops international criminal law to handle the problem.

Abortion Laws In Nigeria: A Case For Reform, P. Chibueze Okorie, Olubusola Adebayo Abayomi

Annual Survey of International & Comparative Law

The available statistics indicate that over 1,000,000 abortions occur in Nigeria annually, representing about 33 abortions per 1,000 women of child bearing age. It has also been asserted that illegal abortion is responsible for about 11% of maternal death in Nigeria and 50% of such deaths involve adolescents and young women. Although, it may be difficult to confirm these reports and statistics by different researchers, mainly because of the absence of official figures owing to the clandestine nature of abortion in Nigeria, there is no doubt that abortions are generally procured by women for various reasons, namely: financial and emotional …

Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi

Annual Survey of International & Comparative Law

This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life, …

Morning Session, Professor Dr. Remigius Chibueze, Anthony Niedwiecki

Fulbright Symposium

Welcome & Introductions.

Morning Session, Golden Gate University School Of Law

Fulbright Symposium

• Master of Ceremonies: Dr. Remigius Chibueze, Adjunct Professor of Law, Golden Gate University

• Opening Remarks: Dr. David Fike, President, Golden Gate University • Welcome Remarks: Anthony Niedwiecki, Dean, School of Law, Golden Gate University

• Introduction of Keynote Speaker Professor Kwame Mfodwo: Professor Dr. Christian Nwachukwu Okeke, Director, The Sompong Sucharitkul Center for Advanced International Legal Studies and Chair of the Symposium.

Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe

Annual Survey of International & Comparative Law

Human rights abuses and violations in Nigeria in general and in the oilproducing communities in particular cut across the entire spectrum of rights. The abuses come in different forms and could be direct or indirect. The inhabitants of the Niger Delta region are subjected to regular rights abuses and violations by the state security agents and the oil corporations. The perpetrators of rights violations are hardly or never held accountable or brought to justice due to the myriad of problems besetting the judicial institutions. Besides, there is an apparent lack of trust and confidence in the courts and general apathy …

Re-Assessment Of Acts Of Piracy Under Contemporary International Law With Particular Reference To Activities Of Somali Pirates, Nutcha Sukhawattanakun

Theses and Dissertations

In this work, I present a range of guidance aimed at addressing maritime security which concerns Somali piracy and armed robbery against ships; this includes guidance to governments, ship owners and ship operators, shipmasters and crews on preventing and suppressing piracy and armed robbery against ships; investigation of offences and the use of armed personnel should be granted and enacted into law which are binding on all state parties internationally and regionally. These recommendations should promote the development of the international shipping industry, and bring peace to the Gulf of Aden.

Keynote Speaker: Hon. Justice Dr. Centus Chima Nweze, Justice Of The Supreme Court Of Nigeria. Re-Mapping The Contours: Interrogating The Ontology Of International Law In A Rapidly Changing World., Hon. Justice Dr. Centus Chima Nweze

Fulbright Symposium

Keynote Address at the Silver Jubilee Anniversary of the Annual Fulbright Symposium, Golden Gate University, School of Law, San Francisco, California, USA, Friday, March 27, 2015

The 25th Annual Fulbright Symposium On International Legal Problems: Adapting To A Rapidly Changing World, Golden Gate University School Of Law

The Sompong Sucharitkul Center for Advanced International Legal Studies

The program booklet for The 25th Annual Fulbright Symposium on International Legal Problems: Adapting to a Rapidly Changing World.

A Comparative Analysis Of Judicial Councils In The Reform Of Judicial Appointments Between Kenya And England, Njeri Thuki

Annual Survey of International & Comparative Law

In this paper, I focus on the selection of judicial officers using judicial commissions. These judicial commissions are also referred to as “judicial councils” or “merit commissions,” so for the purposes of this study, these three terms are synonymous. This paper focuses on Kenya and England because they have taken similar paths to judicial reform. For example, they both added an extra tier to the hierarchical structure and therefore both have a Supreme Court. They both have robust judicial commissions that have changed the selection of judicial officers. However, the judicial commission in Kenya, known as the Judicial Service Commission …

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

23rd Annual Fulbright Symposium: International Law In A Multipolar World, Michael Van Walt Van Praag

Fulbright Symposium

Golden Gate University School of Law - Sompong Sucharitkul Center for Advanced International Legal Studies presents:

The 23rd Annual Fulbright Symposium on International Legal Problems:

International Law in a Multipolar World

Keynote Speaker:

Professor Michael van Walt van Praag

Professor van Walt van Praag is a visiting Professor at the Institute for Advanced Study at the School of Historical Studies in Princeton, NJ; Executive President of Kreddha, an international non-governmental organization which he founded in 1999 for the prevention and resolution of violent intra-state conflicts; and an international lawyer specializing in intra-state conflict resolution. He previously served as advisor and …

Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy

Publications

Traditionally, international law understood the concept of state accountability only in the context of human rights violations imputed to the government or any of its agents." Because domestic violence is comprised of acts committed by private individuals, these crimes have long been deemed to fall outside the scope of state accountability. More recently, however, the concept of state accountability has been expanded to include not only state actions, but also-and more importantly-state omissions and failures to take appropriate steps to protect women from domestic violence. Therefore, in addition to preventing through its own agents the commission of violence against women, …

21st Annual Fulbright Symposium - Harmony And Dissonance In International Law, Brad Lai

The Sompong Sucharitkul Center for Advanced International Legal Studies

Conference proceedings from The 21st Annual Fulbright Symposium on International Legal Problems.

Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell

Annual Survey of International & Comparative Law

Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke is a Liber Amicorum in which writings by international law scholars from around the globe have been compiled to honor Prof. Christian Nwachukwu Okeke: scholar, law professor, mentor, father, and husband.

The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze

Annual Survey of International & Comparative Law

This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …

New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen

Annual Survey of International & Comparative Law

On March 17,1996, the 8th National People's Congress passed a new criminal procedure law during its 4th conference, based on an earlier code promulgated on January 1, 1980. In general, the new Criminal Procedure Code introduced significant developments in connection with the following aspects of the law: presumption of innocence, coercive measures, abolition of exemption from prosecution, criminal defenses, and the reformation of judicial proceedings.

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

Annual Survey of International & Comparative Law

The author delivered these remarks at the First International Workshop on Criminal Law Reform which was held in Istanbul, Turkey from October 20-24, 1999. The conference was sponsored by the Goethe Institute; Heinrich-Eoell-Stifling, Germany; University of Kansas School of Law; Marmara University School of Law; and Yeditepe University School of Law.

The Lockerbie Controversy: Tension Between The International Court Of Justice And The Security Council, Eric Zubel

Annual Survey of International & Comparative Law

Pan American Flight 103 exploded midair over Lockerbie, Scotland on December 21,1988. Investigations suggested that two Libyan nationals were to blame. When the U.N. Security Council imposed sanctions on the Libyan government in 1993 for its failure to cooperate with U.S. and U.K extradition requests, Libya turned to the International Court of Justice (ICJ) for help. Libya asked the ICJ to declare that Libya was not obliged to extradite its nationals to the United States or the United Kingdom and further asked the Court to enjoin the U.S. and the U.K from the use of force or threats against Libya. …

South Africa: Building A Culture Of Law, Anthony Lewis

Annual Survey of International & Comparative Law

No abstract provided.

The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin

Publications

Bangladesh earned her independence from Pakistan in 1971 after a bloody war that continued for nine months. By December 16 of 1971, the day Bangladesh declared victory, an estimated 30 million people died and 200,000 women reported sexual violence by the Pakistani Army and their Bengali accomplices. Known as one of the worst genocide in history, the systematic killing of Bengalis included a chilling attempt to exterminate the intellectuals from within Bangladeshi society. A published report claims that by 19 April, 1975 individuals were arrested for war crimes and 752 were convicted. After the assassination of the country’s first Prime …

Dissertation On The Prosecution And The Trial Of Heads Of State Under International Law: The Case Of Slobodan Milosevic And Charles Ghankay Taylor, Julia A. Shilunga

Theses and Dissertations

In the past, the responsibility of head of State and of Government was national competence. There were no international rules which established their responsibilities in international law. If they committed crimes, this remained exclusively the matter of the State and if there was the responsibility for the wrong behavior, it was the responsibility of the States themselves and not of the leaders as persons.

It was only very slowly that the State leaders started to be called to responsibility. One of the first attempts, which failed, was the 1919 Treaty of Versailles which wanted to prosecute the German Emperor. The …

Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave

Publications

This essay examines an Italian sexual assault case that received significant media attention. The Corte d'appello of Cagliari concluded that the defendant was not entitled to a reduced sentence when he was convicted of sexually assaulting his fourteen-year-old stepdaughter. On review, the Third Section of Italy's Corte diCassazione held that the lower court's refusal was erroneous. Cassazione faulted the appellate court for failing to consider that the victim had already engaged in sexual activity with others. This case illustrates how changing rape laws on the books does not always bring about immediate change in attitudes. Indeed, notions of chastity and …

The Double Weakness Of Girls: Discrimination And Sexual Violence In Haiti, Benedetta Faedi Duramy

Publications

This Note is about poverty, inequality, and sexual violence. Using empirical research, it explores cultural beliefs, practices of abuse, and criminal justice responses to the widespread and systematic rape affecting girls in the shantytowns of Port-au-Prince, Haiti. Dominated by the vestiges of the French colonization and plagued by destitution and political instability, Haiti faces rampant violence and disarray leaving the majority of its population in unbearable conditions of despair. Often regarded as a pariah state by the international community and erratically supported or invaded by foreign players, Haiti remains a forgotten country despoiled by human rights violations, decadence, and turmoil.

Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave

Publications

Italian law requires rape victims to make a formal request that the state prosecute the alleged rapist. This request is called a querela and without such a request prosecution does not proceed, though there are some exceptions. In addition, the request for prosecution is irrevocable; the victim cannot withdraw her request for prosecution. Italian law has included the querela requirement for over one hundred years. It was included in the Zanardelli Code of 1889,3 the first Penal Code of unified Italy, maintained in the Rocco Code of 1930, the Penal Code of Fascist Italy, and-after a great deal of controversy-the …

The 1998 Rome Statute Of The International Criminal Court: Scope Of The Subject Matter And Personal Jurisdiction Of The Court Towards Individual Criminal Accountability, Remigius Oraeki Chibueze

Theses and Dissertations

The principle of individual criminal responsibility evidences the recognition by the international community that crimes against international law are committed by individuals, not abstract entities and only by punishing individuals who commit such crimes can the provisions of international law be enforced.

This principle which was first propagated by the Nuremberg tribunal has now been confirmed and codified by the international community in the Rome Statute of the International Criminal Court. The Rome Statute established a sui generis permanent international criminal court and unequivocally provides that a person who commits a crime within the jurisdiction of the Court shall be …

Globalizing The Rule Of International Law At The Pre-Dawn Of A New Millennium, Sompong Sucharitkul

Fulbright Symposium

This is the Ninth Regional Meeting of the American Society of lnternational Law for the West, Northwest and Southwest regions which Golden Gate University School of Law has the honor to host this year, prior to the regular Annual Meeting of the American Society in Washington D.C. in April 2000.

It is at the same time the Tenth Annual Fulbright Symposium hosted by Golden Gate University School of Law with the cooperation and co-sponsorship of the Council of lnternational Exchange of Scholars (CIES) also with headquarters in Washington D.C.

The combined sessions of the Regional Meeting of the ASIL and …

Tenth Annual Fulbright Symposium On International Legal Problems, Peter Keane

Fulbright Symposium

Opening remarks by Prof. Peter Keane.