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Golden Gate University School of Law

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The Effect Of Culture And Religion On Enforcement Of International Arbitration Awards In Iran, Atoosa Zeinali Apr 2018

The Effect Of Culture And Religion On Enforcement Of International Arbitration Awards In Iran, Atoosa Zeinali

Theses and Dissertations

My goal in this dissertation is to explore some of the rules of Sharia with regard to the arbitration and reduce this level of non-recognition of the Islamic legal system by the West. Also, I am going to analyze the Iranian culture and its effect on enforcement of international arbitration awards and suggest some solutions to reduce the cultural obstacles m the enforcement of foreign arbitration awards.


Re-Assessment Of Acts Of Piracy Under Contemporary International Law With Particular Reference To Activities Of Somali Pirates, Nutcha Sukhawattanakun Nov 2017

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.


Assessing The Efficacy Of African Boundary Delineation Law And Policy: The Case Of Ethio– Eritrea Boundary Dispute Settlement, Lantera Nadew Anebo Apr 2016

Assessing The Efficacy Of African Boundary Delineation Law And Policy: The Case Of Ethio– Eritrea Boundary Dispute Settlement, Lantera Nadew Anebo

Theses and Dissertations

Africa is poor in the midst of plenty. Though multiple causes and reasons may be claimed for Africa’s shrinking state of development, disruptive effects of colonialism takes forefront. Present-day Africa is literally free but colonial footprints are still apparent in the borderlands. The study pinpoints how natural borderline development was thwarted by the infamous Berlin Conference of 1884 -1885. As result, people, ethnic groups, nations and nationalities have been disintegrated. Ethnic disintegration and arbitrary colonial boundaries lines have been source of unavoidable intra and inter state conflicts in Africa. Ironically, in fear of opening “Pandora’s Box” that would ...


Why Immigrants Benefit The United States Economy And The Legal And Tax Issues Chinese, Filipinos And Vietnamese Face When Immigrating To The U.S., Marc Santamaria Apr 2016

Why Immigrants Benefit The United States Economy And The Legal And Tax Issues Chinese, Filipinos And Vietnamese Face When Immigrating To The U.S., Marc Santamaria

Theses and Dissertations

This comprehensive study in U.S. immigration law examines its interactions with many relevant and significant laws and issues that affect immigrants. This study argues that immigrants benefit the U.S. economy because of their improvement on labor competition, contribution to the technology and science fields, and direct and indirect creation of jobs. This study draws upon scholarly research that proves immigrants help wages in their respective regions grow at high rates. The next question then turns to how immigrants can move to the U.S. through certain visas, and this study has a special focus on employment and investor ...


On The Development Of The Law Of Self-Determination From External To Internal Aspects, Vadim Anatolyevich Godorozha Apr 2016

On The Development Of The Law Of Self-Determination From External To Internal Aspects, Vadim Anatolyevich Godorozha

Theses and Dissertations

The crisis within international law of self-determination cannot be ignored. This dissertation analyses and discusses the reasons for the crisis which are: the lack of analysis of the correlation of legal doctrines with doctrines of social science; a general absence of analysis of the changes occurring within contemporary international law due to the changes of doctrines of social science (particularly on the topics of the subjects of international law, and on the law of self-determination and recognition); a lack of analysis of the new laws within a context of rapid social development; and finally, the absence of a development of ...


Deterring Corruption Through Tax Reform: The Case Of Thailand, Benjamas Junyarungruang Mar 2015

Deterring Corruption Through Tax Reform: The Case Of Thailand, Benjamas Junyarungruang

Theses and Dissertations

This study will examine how a modification to Thailand’s Real Property Tax and Capital Gains Tax systems, along with the implementation of a Death Tax scheme will provide the needed resources to help support the economic function of government in Thailand and help mitigate the widening economic disparity among the social classes. A major reform in Thailand’s tax system will create more benefits, provide resources and opportunities, and assist in reducing or (even completely) eliminating the motivation of Thailand’s working class to engage in acts of corruption. If we stop corruption from the “bottom” of Thailand’s ...


The United Nations Security Mechanism And Africa: Challenges And The Way Forward, Nebiyou Dagne Tessema Nov 2014

The United Nations Security Mechanism And Africa: Challenges And The Way Forward, Nebiyou Dagne Tessema

Theses and Dissertations

The dissertation will, therefore, examine the evolving concept of security; the security mechanisms of the UN, AU and the African sub-regional organizations and their respective mandates in the maintenance of peace and security in Africa; assess the state of security in the continent; identify the key factors for the deterioration of the security situation in the continent; evaluate the effectiveness of the existing international security mechanisms in overcoming this dangerous trend; identify the key challenges and drawbacks in the present global security system; and suggest some recommendations on the way forward to meet the security challenges of the African continent ...


A Re-Assesment [Sic] Of The Effectiveness Of Oau (Au) Conventions On Preventing And Combating Terrorism, Chinyere Christiana Okpala Aug 2014

A Re-Assesment [Sic] Of The Effectiveness Of Oau (Au) Conventions On Preventing And Combating Terrorism, Chinyere Christiana Okpala

Theses and Dissertations

Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism Laws in existence. Africa has a union, known as African Union (AU), comprising of all independent States in Africa, except Morocco. This AU has a well known anti-terrorism Law known as 'OAU Convention on Preventing and Combating Terrorism, 1999 and other national anti-terrorism laws in existence in its Member States nations. Despite all these anti-terrorism laws, including Plan of Actions for the Prevention and Combating of Terrorism, Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase ...


A Structural Comparison Of African Union [Au] And Organization Of American States [Oas] Through The Lens Of Conflict Management And Human Rights, Samuel Bamidele Akingbulu Apr 2014

A Structural Comparison Of African Union [Au] And Organization Of American States [Oas] Through The Lens Of Conflict Management And Human Rights, Samuel Bamidele Akingbulu

Theses and Dissertations

It will be ideal here to trace the African history and political development to uncover some of the foundational elements of the major problems confronting Africa. The most conspicuous symptom of Africa's afflictions is its slow development-economically, socially and politically. Moreover, this issue is underscored by Africa's long-enduring platform of compelling concerns: lack of long-term unity and consistent application of agreed policies among member countries and their leaders; high-scale conflicts; environmental problems; corruption and governmental mismanagement. It is my belief that these unresolved matters markedly impede the AU's ability to perform its objectives for a more unified ...


A Comparative Analysis Of Scotland And The United States’ Alternative Dispute Resolution Systems, Catherine Cary Apr 2014

A Comparative Analysis Of Scotland And The United States’ Alternative Dispute Resolution Systems, Catherine Cary

Theses and Dissertations

It is perhaps fair to suppose that before the earliest civilizations began, humans have traded or exchanged goods and services to either supplement what they possess, or acquire what they could not get through their own efforts. As is the case today, these exchanges often required entering into dealings that could inevitably prove contentious; thus, like all human relationships, disagreements often arose concerning the subject matter of agreements, and what was meant by certain terms of the agreement. Therefore, the question arises: how can such disagreements be resolved in a manner that is fair to all involved, and perhaps preserve ...


Development Of A Commercial Arbitration Hub In The Middle East: Case Study -- The State Of Qatar, Aida Maita Aug 2013

Development Of A Commercial Arbitration Hub In The Middle East: Case Study -- The State Of Qatar, Aida Maita

Theses and Dissertations

International Commercial Arbitration is quickly becoming the method of choice for dispute resolution by States and corporations around the globe. This Dissertation analyzes and discusses the development of arbitration in the Middle East with the major focus on the State of Qatar (hereafter, also “Qatar”) as a case study. It will study the rise and development of International Commercial Arbitration as it is conducted in Qatar in relation to other regional jurisdictions such as Bahrain, Dubai in the United Arab Emirates (UAE), and Egypt. These States have been emerging as regional powers in attracting International Commercial Arbitration in the Middle ...


The Hashemite Kingdom Of Jordan’S Legal, Economic And Fiscal Empowerment Through Commerce And Active Trade Agreements, Thouqan Makableh May 2013

The Hashemite Kingdom Of Jordan’S Legal, Economic And Fiscal Empowerment Through Commerce And Active Trade Agreements, Thouqan Makableh

Theses and Dissertations

This dissertation analyzes whether international trade agreements, to which the Kingdom of Jordan is a party, and its legal framework, along with economic policies, have an impact on Jordan's organization of economic activities, particularly with respect to patterns of international trade. This dissertation further analyzes whether Jordan's commitment and subsequent policies to increase its economic growth are important determinants of its comparative advantage in the region, and researches whether the policies implemented to build international trade actually lead to an efficient, growing, and sustainable economy.

This dissertation takes a close look at all those aspects of economic, financial ...


Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish May 2013

Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish

Theses and Dissertations

This doctoral dissertation examines and studies the protection of women rights under International Humanitarian Law, (also “IHL”) within the context of the social, cultural and political and political conditions with particular reference to the women of Iraq and Palestine. Women in these two countries have suffered unparalleled difficulties that have been afflicted upon them by conditions of war. For a long period in the history of those countries, women as indispensable managers of their families have had to contend with varying challenges necessitating protection under international humanitarian law. This is even more required during periods of war and armed conflicts ...


Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena Nov 2012

Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena

Theses and Dissertations

Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.

Public policy is a concept that is ...


Service-Oriented Foreign Direct Investment: Legal And Policy Frameworks Protecting Digital Assets In Offshoring Information Technology (It) - Enabled Services, Tilahun Mishago Apr 2012

Service-Oriented Foreign Direct Investment: Legal And Policy Frameworks Protecting Digital Assets In Offshoring Information Technology (It) - Enabled Services, Tilahun Mishago

Theses and Dissertations

This thesis examines challenges caused by global cyberspace, which continues to undermine the ability of regulatory instruments aimed at cyber security and deterring cybercrime so that digital assets including those associated with Foreign Direct Investment (FDI) are protected. Progress in information and communication technology (ICT) has brought about both challenges and opportunities for mankind. While ICT has enabled seamless communication on cyberspace, it has also made every phenomenon, positive or negative on cyberspace possible. The good side of ICT is the endless opportunities provided to harness multiple features and capabilities of associated technologies while its side effect being the enormous ...


Mismanagement Of Emerging Stock Markets: Analysis Of The Role Played By "Legislative Infidelity" - A Norm Of Int'l Economic Jurisprudence - In The N8.1tn ($60bn) Crash Of Nigeria Stock Market, Collins U.C. Ikebudu Apr 2011

Mismanagement Of Emerging Stock Markets: Analysis Of The Role Played By "Legislative Infidelity" - A Norm Of Int'l Economic Jurisprudence - In The N8.1tn ($60bn) Crash Of Nigeria Stock Market, Collins U.C. Ikebudu

Theses and Dissertations

The crash of Nigeria stock market which occurred between 2008 and 2009 was unusual. Events that preceded the crash, misconducts of market operators and regulators before, during, and after the crash, the reckless hypes and spins that generated lots of frenzied trading leading to the astronomical rise of Nigeria stock market to number one position in the world, and the synchronization and magnitude of the crash that followed - all exhibit signs of organized scheme.

Thanks to the English Bubble Act of 1720 with which South Sea Corporation precipitated a one hundred and five years securities fraud in Britain, the infamous ...


Extended Producer Responsibility (Epr): An Alternative Solution To Regulate The International Electronic Waste Trade, Tiptira Rammaniya Nov 2010

Extended Producer Responsibility (Epr): An Alternative Solution To Regulate The International Electronic Waste Trade, Tiptira Rammaniya

Theses and Dissertations

This dissertation examines the problems associated with the transboundary movement of electronic waste (e-waste), a term that refers to end-of-life or discarded electrical and electronic equipment. These problems occur mostly in developing countries where proper facilities and technology for environmentally sound management of e-waste are not sufficiently available. The Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal is the only existing international treaty governing the electronic waste trade. However, the Basel Convention, which employs the Prior Informed Consent (PIC) procedure as a control system, exempts electronic assemblies destined for direct reuse, repair, refurbishment ...


Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele Apr 2010

Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele

Theses and Dissertations

This presentation will present and analyze the French and the United States' system of "freedom and civil rights." This presentation will outline the history of each country's legal system, and their constitutions. It will define the differences between the Executive Branch, Legislative Branch, and Judicial Branch of each country. It will compare each country's ideology, philosophy and ways of thinking due to the history of their own democracy. The presentation will analyze and compare each country's civil liberties, court systems, and counter-terrorism laws recently enacted. It will make an in-depth analysis of the way each country "negotiates ...


Moral And Legal Issues Concerning Contemporary Human Cloning Technology : Quest For Regulatory Consensus In The International Community To Safeguard Rights And Liberties Essential To The Future Of Humanity, Ching-Pou Shih Mar 2010

Moral And Legal Issues Concerning Contemporary Human Cloning Technology : Quest For Regulatory Consensus In The International Community To Safeguard Rights And Liberties Essential To The Future Of Humanity, Ching-Pou Shih

Theses and Dissertations

The research topic for this dissertation would focus its efforts on resolving at least two questions as follows: First, what are the major moral and legal problems in current human cloning technology and what are the intelligent choices of public policy? Second, how could respective nations, regions, and the international community corporately clarify those problems in the realm of contemporary human dignity imperative and human rights jurisprudence.


East Asian Economies' Cooperation In Cross-Border Direct Investment Arrangements, Mary Hui-Yi Hsu Mar 2010

East Asian Economies' Cooperation In Cross-Border Direct Investment Arrangements, Mary Hui-Yi Hsu

Theses and Dissertations

While economic globalization continues to develop, the global economy keeps integrating through increasing trade and foreign direct investment (FDI). The establishment of close and comprehensive industrial production and distribution networks in the East Asian region is mainly driven by FDI cooperation between multinational enterprises (MNEs) and local firms. MNEs have played a key role in promoting vertical intra-industry trade in East Asia by setting up regional and international production networks through FDI.


Strengthening And Deepening Asean Economic Integration Through The Asean Free Trade Area : Legal Aspects Of The Implementation Of Afta, Nimnual Piewthongngam Mar 2010

Strengthening And Deepening Asean Economic Integration Through The Asean Free Trade Area : Legal Aspects Of The Implementation Of Afta, Nimnual Piewthongngam

Theses and Dissertations

The dissertation discusses the formation of ASEAN and AFTA, the underlying principles of AFTA, and particularly the tenor and timeframe for the implementation of the commitments of Member States under the Agreement on Common Effective Scheme for ASEAN Free Trade Area.


International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha Nov 2009

International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha

Theses and Dissertations

Many governments all over the world have enacted laws and regulations to promote and protect the rights of women and female children. A lot of laws have been put in theory to give women equality with men. In reality or practice, many women all over the world still find it difficult to realize their rights. This study attempts to look at how far the laws on women rights, that is the law in books has become the law in practice/reality in many African states with Nigeria as a case study. This study acknowledges that in theory many African states ...


Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul Nov 2009

Arbitration As An Alternative Means Of Settlement Of Disputes Arising Out Of Thailand's State Contracts Involving Foreign Direct Investments, Patcharang Chaiworamukkul

Theses and Dissertations

This dissertation examines how the Office of the Attorney General of Thailand's mandates in reviewing state contracts might be improved in order to help enhance greater FDI flow toward Thailand. International arbitration would be stipulated within the "settlement of disputes" clause included in a state contract so as to assure and gain foreign investor's confidence. This dissertation has been conducted by examining all levels of relevant national legislation as well as international law, especially those international obligations that Thailand has entered into. Based upon such examination, there are at least two (2) problems and obstacles that make the ...


Pharmaceutical Data Protection Law And Policy And Their Effects On The Right To Medicines : A Comparative Analysis, Yun-Ching Yeh Mar 2009

Pharmaceutical Data Protection Law And Policy And Their Effects On The Right To Medicines : A Comparative Analysis, Yun-Ching Yeh

Theses and Dissertations

To examine the compatibility between data protection and the right to access medicines in the current data protection regimes, this study examines the concept of data protection in current legal regimes, examine exclusive data protection regime, discusses the impact of the right to medicines on data protection regime, finally provide sound legal reform and recommendations to improve the protection of pharmaceutical data. In its entirety, this research aims at researching the protection regime of pharmaceutical data from top to bottom; therefore, this research conducts a comprehensive analysis within three dimensions of protections: first, the international dimension represented by TRIPS, second ...


Realization Right To Health In The Context Of Pharmaceutical Under International Law, Huei-Ying (Lucille) Hsu Mar 2009

Realization Right To Health In The Context Of Pharmaceutical Under International Law, Huei-Ying (Lucille) Hsu

Theses and Dissertations

Examining the problem of realizing the right to health in accessible and affordable pharmaceutical product, this dissertation begins with the legal personality of the actors involved in the realization of the right to health. Chapter 2 further explores the uniqueness of pharmaceutical products and development of the pharmaceutical industry. Chapter 3 describes the development of intellectual property protection on pharmaceutical products. Chapter 4 then focuses on the international human rights development of the right to health and discusses the relationship of the right to health to accessible and affordable pharmaceutical products. Chapter 5 describes in greater detail the responsibility and ...


The Crisis In Darfur: An Opportunity For The United Nations To Reclaim Its Status As Standard Bearer For Peace And Security For The International Community, Leilani F. Battiste Feb 2009

The Crisis In Darfur: An Opportunity For The United Nations To Reclaim Its Status As Standard Bearer For Peace And Security For The International Community, Leilani F. Battiste

Theses and Dissertations

Since early 2003, the western Darfur region of the Sudan has been subjected to a massive campaign of ethnic violence that has claimed the lives of almost 400,000 civilians, and has created nearly 2 million internally-displaced refugees or refugees that have fled to camps in neighboring Chad. Despite the unmistakable tragedy that has occurred and continues to occur, the international community has utterly failed to respond. The United Nations has taken almost no leadership role in abating or even stopping the crisis. Debate over whether the term "genocide" should be used to describe the ethnic cleansing and displacement of ...


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 Jan 2009

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 ...


Peacemaking Operations In Southern Thailand, Pantanin Pisalasupongs Jan 2009

Peacemaking Operations In Southern Thailand, Pantanin Pisalasupongs

Theses and Dissertations

Whereas the term peacekeeping is used to describe a way of helping countries torn by conflict create conditions for sustainable peace, peacemaking is a means of bringing about peace through a willful effort to prevent or mitigate conflict rather than a passive stance that hopes to maintain the status quo. This research aims to provide an overview of the primary documentation of those political organs relating to the history, structure, and laws of international peacekeeping. But its purpose is to show through an analysis of these laws and histories that the costs and benefits of keeping peace in a particular ...


Protection Of Journalists In Situations Of Armed Conflict : Enhancing Legal Protection Under International Law, Hong Tang Nov 2008

Protection Of Journalists In Situations Of Armed Conflict : Enhancing Legal Protection Under International Law, Hong Tang

Theses and Dissertations

The purpose of this dissertation is to highlight the specific conditions created by armed conflicts (international and internal armed conflicts), and to survey and discuss the international laws (governing both sovereign states and international intergovernmental organizations, or governing either sovereign states or international inter-governmental organizations) that can promote better protection for journalists in the circumstances of armed conflict. This dissertation also serves to reaffirm those elements of international humanitarian law that apply to the protection of civilians and journalists in situations of armed conflict; to reestablish and promote the authority of those basic rules on both international and national levels ...


The Effective Approaches Of International Law Regarding Cartels, Sanghyun Lee Sep 2008

The Effective Approaches Of International Law Regarding Cartels, Sanghyun Lee

Theses and Dissertations

A free market system based on both freedom of contract and protection of property principles operates challenged by demand and supply. Under a free market system, demand by consumers and supply by producers determine the price and quantity of a product in a market. Competition policy leads suppliers to compete among themselves in sales terms or conditions. Competition toward attracting consumers through lower prices is an important principle for working a free market. Competition law is supposed to protect the functioning of the market.

However, it is against competition law principle for competitors to conspire to fix prices or to ...