Law Commons^™

China’S New Anti-Monopoly Law: Big Trouble In Little China?, Henry C. Cheng

Henry C Cheng

China’s New Anti-monopoly Law: Big Trouble in Little China? addresses China’s new Anti-Monopoly Law (“AML”) that became effective in August 2008, specifically the implications of provisions related to China’s state-owned enterprises ("SOEs"). It explores the legislative history of the AML and provides interpretations of the pertinent provisions.

In addition, the article is the first to synthesize competition laws from the U.S. and the European Community in order to apply them in another country. To achieve that, the author embarked on a comprehensive research on the development of competition laws in the US and the EC. There has been no work …

Suicide Attacks And Islamic Law, Muhammad Munir Dr.

Dr. Muhammad Munir

Suicide attacks are a recurrent feature of many conflicts. Whereas warfare heroism and martyrdom are allowed in certain circumstances in times of war, a suicide bomber might be committing at least five crimes according to Islamic law, namely killing civilians, mutilating their bodies, violating the trust of enemy soldiers and civilians, committing suicide, and destroying civilian objects or properties. The author examines such attacks from an Islamic jus in bello perspective.

Marriage In Islam: A Civil Contract Or A Sacrosanct?, Muhammad Munir Dr.

Dr. Muhammad Munir

Marriage is one of the most sacred contract in Islam and not an ordinary contract of sale and purchase. Since 1886 Courts in the Indo-Pak subcontinent have been ruling that marriage in Islam is a 'civil contract' without giving a deeper thought to the meaning of this phrase. This article examines some of the cases in which the true notion of marriage is distorted by courts in Pakistan and India. At the same time some important cases in which the real place of marriage in Islam is highlited are also discussed. Moreover, it examines the nature of marriage under Islamic …

The Torture Of Sami Al Arian, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.

Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella

Analia Marsella Sende

In this Essay, I explain the role and impact of transnational corporations in the process of development and implementation of economic and social rights at a global scale and identify the solutions that I regard as plausible. I do so from an international human rights perspective that integrates both the legal and non-legal approaches. I concentrate on the international aspects of legalization, adjudication, and policy making. First, I analyze social and economic rights in the current context, the old and most recent understandings, and the challenges posed by the phenomenon of globalization together with the rising of corporations in the …

Who Killed Benazir Bhutto? Why Not Ask Charlie Wilson... Or George Bush?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora

Steve Sheppard

On April 25, 2007, the Hartman Hotz Trust of the University of Arkansas hosted a symposium to discuss the relationships between intelligence, law, and democracy. This article contains a transcript of the topics discussed at the symposium. Don Bobbit, Dean of the Fulbright College introduced the panel, and Steve Sheppard, Enfield Professor of Law, moderated the discussion. The panelists included three guests with experience in the intelligence field: Lord Robin Butler, former head of the British Civil Service; Alberto Mora, former General Counsel of the United States Navy; and William Howard Taft IV, former Acting Secretary of Defense and Legal …

Law And Morality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Capacity Of The State And Its Subordinates, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Judicial Review, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Functioning Of The Law Commission Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

J.S Mill On Liberty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Bar Council Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

The Most-Favoured-Nation Clause In International Investment Agreements: A Tool For Treaty Shopping?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

A Quince Años Del Capítulo Xi Del Tlcan, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Humanization Of The International Law, Timur R. Korotkiy

Timur R. Korotkiy

Короткий Т.Р. Гуманизация международного права / Т.Р. Короткий // Наукові праці Одеської національної юридичної академії / Голов. ред. С.В. Ківалов. - Т. 7. - 2008. - С. 170-181

The article deals with the process of humanization of international law and the international legal system as a whole. The author discloses a complex nature of humanization of international law in terms of mainstreaming human rights. The article substantiates the role of globalization as the cause that the principle of democracy in international law. The role of triad of principles of international law (the rule of law, humanization and democratization) in international …

Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz

Gregory Lewkowicz

This paper proposes a comparative analysis of some rulings of the US Supreme Court and of the European Court of Human Rights. Reviewing cases related to international legal problems or using comparative legal reasoning, the paper suggests that the difference of attitudes between the two courts in human rights cases is embedded in the classical opposition between men and citizen.

The Ethics Of Legal Process Outsourcing To India—Is The Practice Of Law A "Noble Profession," Or Is It Just Another Business?, Aaron R. Harmon

Aaron R. Harmon

Published as “The Ethics of Legal Process Outsourcing—Is the Practice of Law a ‘Noble Profession,’ or is it Just Another Business?” 13 U. of Fl. J. Tech. L. & Pol’y 41 (June 2008). In this Article, I analyze the emergence of LPO in India, as well as the ethical considerations raised for firms that offshore legal work. I focus on India, where the industry has evolved most rapidly, for two reasons. First, as a result of British colonization, many Indian workers speak English fluently, thereby facilitating an East-West synergy more easily than other countries. Second, India utilizes a common law …

Constituting Vanuatu: Societal, Legal And Local Perspectives, Jackson N. Maogoto, Benedict S

Jackson Nyamuya Maogoto

Governance in Vanuatu has been a source of concern for Australia as it forms part of Australia’s ‘Arc of Instability.’ Vanuatu has adopted a modified Westminster system as the Westminster system and its constitution are often advocated as the model for constitutions and governance around the world. In various former colonies local populations were expected to simply absorb its liberal democratic principles apparently on some assumption that such principles were an innate part of human nature. Most readings of history would come to a different conclusion. Vanuatu illustrates this error and the complexities of a society that create not only …

From Star Wars To Space Wars—The Next Strategic Frontier: Paradigms To Anchor Space Security, Jackson N. Maogoto, Steven Freeland

Jackson Nyamuya Maogoto

Military blueprints by major space-faring powers now encapsulate concepts of ‘space support’ and ‘force enhancement’ which point to a central role of space assets in facilitating military operations while notions of ‘space control’ and ‘force application’ suggest the weaponization of space, and the putative view that space may in the near future be a theatre of military operations. As defence goals increasingly focus on space as the final frontier evident in development of national missile defence systems, anti-satellite weapons and other space-based systems, international peace and security faces a new challenge. Creators of the current legal regime for space failed …

The Private Military Company—Unravelling The Theoretical, Legal & Regulatory Mosaic, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

As an undeclared arm of the state, the PMC is politically expedient having proved to be highly advantageous in certain circumstances when states wish to engage in surreptitious or unpopular violence, yet easy to condemn when states need to gather political capital. In other words, the PMC has become an integral actor in the system of governance at both national and international levels. Such corporations, at least at one level, represent the evolution, globalization, and corporatization of the age-old mercenary trade. The worry, of course, is that they operate without the public scrutiny appropriate for military actors. Indeed, the matter …

Case Note, Supreme Court Of Cyprus, Applications 589/06, 590/06, 591/06, 592/06 And 593/2006, Nikolas Kyriakou

Nikolas Kyriakou

The purpose of the present case note is to present and comment a recent judgment of the Supreme Court of Cyprus, which accepted as a defence to alleged human rights violations, the doctrine of “act of government”.

Patriotismo Constitucional Y Procesos De Integración, Pablo Contreras

Pablo Contreras

El rol y centralidad del Estado Nación están en cuestión, a lo cual colaboran los procesos de integración regional. En este marco se postula la necesidad de revisar la identidad política nacional y pensar en esquemas postnacionales, buscando los ejes de aglutinación social en bases y principios que escapen a los caracteres típicos del concepto de nación. Clave en este proceso es el empleo del concepto de patriotismo constitucional. A partir del cual el autor plantea tres interrogantes: comprensión del concepto de patriotismo constitucional, su operatividad, y los aportes y desafíos que éste plantea al proceso de integración regional latinoamericano.

The Siege Of The Estonian Embassy In Moscow: Protection Of A Diplomatic Mission And Its Staff In The Receiving State, René Värk

René Värk

No abstract provided.

Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg

Tom Ginsburg

No abstract provided.

Symposium Introduction: Public International Law And Economics, Tom Ginsburg, Christophe Engel, Ann Van Aaken

Tom Ginsburg

No abstract provided.

Enhancing Community Accountability Of The Security Council Through Pluralistic Structure: The Case Of The 1267 Committee, Machiko Kanetake

Machiko Kanetake

No abstract provided.

Il Caso Eastern Sugar: Accordi Bilaterali Sugli Investimenti, Unione Europea E Diritto Comunitario, Michele Potestà

Michele Potestà

No abstract provided.