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Full-Text Articles in Law

Just Laws Versus Unjust Laws: Asserting The Morality Of Civil Disobedience, Amin George Forji Sep 2010

Just Laws Versus Unjust Laws: Asserting The Morality Of Civil Disobedience, Amin George Forji

Amin George Forji

How is a citizen living under a merciless totalitarianism such as the Nazi but opposed to its philosophies expected to respond to the law? Where does his primary obligation as a citizen reside? Is it to the laws of the land that command total submission or to his convictions by which he is convinced that the system is totally unjust? Does one have a moral obligation to always obey the law? Conversely, should one obey an unjust law? Obviously, such an individual like Antigone in ancient Greece is naturally torn between two loyalties. (Note 1)If he obeys the law, he …


Drawing The Right Lessons From Icsid Jurisprudence On The Doctrine Of Necessity, Amin George Forji Feb 2010

Drawing The Right Lessons From Icsid Jurisprudence On The Doctrine Of Necessity, Amin George Forji

Amin George Forji

Bilateral investment treaties (BITs) and the International Centre for the Settlement of Investment Disputes (ICSID) have over the years injected an important dynamic into public international law, that is, the replacement of a political remedy (peaceful cooperation amongst nations) by a legal one (settlement of investment disputes). The institution of ICSID and the revision of BITs in line with its rules have opened the way for direct investors’ claims and investor-state arbitration. The obvious implication of a compulsory arbitration provision is that it has made up for many shortcomings of the diplomatic protection mechanism with, “the potential for an individual …