Law Commons^™

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Domestic Violence In Saudi Arabia, Sahar Alhabdan

Maurer Theses and Dissertations

Family violence is a serious issue that affects women in Saudi Arabia. In response to cultural acceptance of violence between spouses in Saudi Arabia, the government issued its first law criminalizing domestic violence in 2013. The Protection from Abuse Act was proposed to improve protection for women and to punish the abusers, but several articles in the Act may reduce its effectiveness. Issuing laws prohibiting domestic violence cannot by itself protect women. Women should be protected under family law by preserving their rights to marry, divorce, obtain custody of children, and receive alimony. This dissertation will study the issue of …

International Trade V. International Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor Martins Dias

Maurer Theses and Dissertations

This work analyzes a distinctive characteristic of the globalizing Brazilian legal profession. Namely, intellectual property (IP) lawyers who once were leaders in opening the Brazilian economy and were key players in cross-border transactions are now losing ground to their peers with an expertise in international trade. The thesis of this article is that the manner in which Brazilian lawyers are being educated is in shambles. Generally speaking, Brazilian legal education has, overall, become degraded and provincial. Yet, Brazilian international trade lawyers, unlike Brazilian IP-lawyers, have overcome their deficient legal training by seeking legal education abroad. By traveling overseas, especially to …

Environment Chapter In Korea's Fta: Suggestions For Korea's Model Text, Jun Ha Kang

Maurer Theses and Dissertations

The aim of this dissertation is to delve into solutions for making Korea's FTA greener. The main question is whether and how Korea's FTA policy towards sustainable development may be sustainable. In answering this question, I critically reviewed the structure of the Environment Chapter of Korea’s FTA as well as its main contents. I also scrutinized the meaning of each provision and its significance in practice. Based on the analysis, I made suggestions on what strategies and contents are needed for Korea in its future FTA negotiations.

Firstly, Korea needs to initiate future FTA negotiations on the environment with its …

Tort Reform In Saudi Arabia: Obstacles And Solutions, Othman Talbi

Maurer Theses and Dissertations

Saudi Law is based on the broad guidelines of Sharia. This means that religion forms the basis of all Saudi law. Thus, because of the absence of a statutory law in Saudi Torts Law, Sharia’ principles take the place of the statutes. Consequently, when deciding tort cases judges need to consider these principles by interpreting them, and then apply them to each case individually. Furthermore, due to economic improvement and industrialization in Saudi Arabia, the nature and type of legal issues have changed. Therefore, complex cases have emerged for which it is very important to produce a reform resolving new …

The Reform Of The Corporate Duty Of Care In China -- From The Introspection Of Delaware And Taiwan, Jui-Chien Cheng

Maurer Theses and Dissertations

The concept of fiduciary duty, derived from common law, was introduced to the Company Law of People’s Republic of China in 2005. The fiduciary duty plays an extremely important role in common law, particularly in U.S. corporate law. For this reason, one might have expected dramatic consequences from its introduction to Chinese law. In reality, however, few fiduciary lawsuits have been brought to the courts of China since 2005. There are three main reasons for the rarity of due care lawsuits.

First, Chinese fiduciary law has neither clear content nor a practical enforcement. This is especially true of the body …

A Comparative Analysis Of The Protections Of Workers' Demands In The People's Republic Of China And The United States In The Global Economy -- The Costs And Benefits Of Collective Bargaining, Xiaohan Sun

Maurer Theses and Dissertations

No abstract provided.

The Problems Of Gender Inequality Raised By Unmarried Couples In Liberia, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

No abstract provided.

Enhancing The Parliament Capacity To Hold Government Accountable In Kurdistan Region, Zardasht Khalid Mohammed

Maurer Theses and Dissertations

The current structures and draft structures grant the party leaders and the Executive undue power over the Parliament in two ways. First, by virtue of constitutional design, the Executive and the party leader’s hegemony reduce the Parliament’s capacity to act as a check on the Executive. Second, there are contextual factors correlated with political will in using available accountability mechanisms which locate beyond the design factors and they have nexus with effectiveness of the Parliament. In the other words, the contextual factor such as electoral system, party discipline, and party formations impact on the will of the parliament in holding …

Everything That's New Is Old Again: The Impact Of Egypt's Political Culture On The Rule Of Law And Democracy, Hesham Genidy

Maurer Theses and Dissertations

No abstract provided.

Enhancing The Compensatory Roles Of Financial Regulatory Agencies In South Korea: Lessons From The U.S. Sec's Fair Fund, Daeil Kim

Maurer Theses and Dissertations

Recent financial scandals in South Korea that caused massive harms to financial consumers instigated voices that financial regulators should play a more active role in recompensing victims for losses incurred by misconduct in the financial market. In this regard, this thesis aims to suggest several considerations in developing the compensation scheme for injured financial consumers in Korea. This thesis first reviews the Federal Account for Investor Restitution (FAIR) Fund operated by the U.S. Securities and Exchange Commission. Specifically, it broadly addresses the history, overall process, operation, and major issues related to the FAIR Fund. Based on the FAIR Fund review, …

From The Savings And Loan Association Crisis Of The 1980s To The Dodd-Frank Wall Street Reform And Consumer Protection Act: The Effect Of The Dodd-Frank Act On U.S. Thrifts And The Lesson For The Korean Savings Bank Crisis, Beumhoo Jang

Maurer Theses and Dissertations

The subprime mortgage crisis occurred in the United States in 2008, which struck the U.S. economy tremendously, and moreover, the world’s economy. In response to the crisis, the U.S. government enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Act, however, focused mainly on enhancing regulatory systems rather than considering how the Act affected small-scale financial institutions, including thrifts, which play a major role in the U.S. local housing development industry.

In addition, the Act did not accord with the principles of the Government Accountability Office, and left certain regulatory measures intact, including the Qualified Thrift Lending test. …

Legal Education Reform In Saudi Arabia: A Case Study Of Taibah University, Rayan Alkhalawi

Maurer Theses and Dissertations

Legal education reform is a hot topic today. However, legal educators generally avoid discussing this important topic. Although legal education in Saudi Arabia is unique and complex, it is very hard to find academic literature about it. While this paper provides a brief explanation of legal education in Saudi Arabia, the main purpose of this paper is to discuss whether or not the current program at the College of Law prepares graduates for the best opportunities available in the legal market. And if not, how it could do a better job of making the program reach its full potential to …

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 social class by removing …

Sex Work And The City: Creating Municipal Licensing Regimes For Brothels, Maria K. Powell

LLM Theses

The debate over how to regulate sex work in Canada has long occupied courts, governments, policymakers, sex workers and activists. In the aftermath of the Supreme Court decision in Bedford v Canada and the enactment of the constitutionally suspect Protection of Communities and Exploited Persons Act, this thesis examines municipal law's potential role in regulating brothels. Municipalities already grant licenses to adult service providers, the licensing of brothels is a natural extension of their powers. The current licensing regimes are in need of reform, both for adult services and before any attempts to license brothels. This thesis uses New Zealand …

The Proportionality Standard And Constitutional Culture: A Comparative Analysis Of Rights Adjudication In Canada And The French Republic, James Peter Barry

LLM Theses

It has been suggested that the migration of proportionality as a standard of constitutional review is bringing about a degree of convergence in rights norms across common and civil law jurisdictions. While scholars have noted its potential to shape rights norms in legal systems into which it is incorporated, few have analysed the ways in which proportionality is affected by the constitutional culture in which it is received. This thesis is a comparative analysis of the application of proportionality in Canada and the French Republic. It sheds light on the extent to which the operation of that standard is affected …

Privacy Protection For Mobile Health (Mhealth) In Nigeria: A Consideration Of The Eu Regime For Data Protection As A Conceptual Model For Reforming Nigeria's Privacy Legislation, Olufunke Olawumi Salami

LLM Theses

The use of mobile technologies to provide and deliver healthcare is known as Mobile Health. Nigeria is one of the countries witnessing a profound use of these technologies. While discussions have focused on the potentials of this technologies to address the challenges in the health system, nothing is said about the risks from unauthorized disclosure or misuse of health information provided by users. This becomes worse when Nigeria's laws do not offer adequate protection. As Mobile Health is a novelty to Nigeria, this thesis looks to relevant international standards on privacy protection. It does this by examining the European regime …

Conflict Of Laws Aspects In Same-Sex Relationships In Africa: A Comparative Study, Solomon Frimpong Amoateng

LLM Theses

Same-sex relationships will likely be in violation of the laws of most African countries. In Nigeria, Ghana and Kenya, a same-sex relationship is either explicitly prohibited or there is legislation which can be interpreted to prohibit the union. However, the growing trend of the institutionalization of same-sex marriage around the world means that even countries that do not domestically recognize same-sex relationships may be confronted with the challenge of dealing with it in a conflict of laws context. The discussion shows that the strict application of the rule of non-recognition, where the court gives no legal effect to a foreign …