Law Commons^™

Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku

Theses and Dissertations

The overall purpose of the 1951 Convention Relating to the Status of Refugee (Refugee Convention) and its 1967 Protocol is to protect refugees fleeing persecution and threat to life. Established in the aftermath of World War II (WW II), Article 1. A(1) of the Refugee Convention centered the meaning and criteria for refugee protection on the circumstances of the War. Thus, the status of a refugee is framed from persecution feared or suffered “on account of” race, religion, nationality, political opinion, and membership in a particular social group. More than seven decades after WW II, the scope of the definition …

Putin’S Arrest Warrant: The What And The Why Of “Unlawful Deportation Of Children”, Maxwell Granger

GGU Law Review Blog

Earlier this year, the International Criminal Court (ICC) issued an arrest warrant for Vladimir Putin, president of the Russian Federation. The charge: unlawful deportation of children, a war crime. While there have been many calls to prosecute Mr. Putin for alleged war crimes in Ukraine (indeed, the United States even passed a new law which could allow such a prosecution in the U.S.), some might be wondering what “unlawful deportation of children” exactly entails and why the ICC chose this particular charge.

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 …

Current International Legal Measures For The Protection Of Children Used In Armed Conflicts: Recommendations For The Resolution Of The Problem, Elliot Bibaje

Theses and Dissertations

War is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.

Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children …

How General Data Protection Regulation Advances And Harmonizes The International Controller, Processor And Data Subject Contracts, Azam Zarechahoki

Theses and Dissertations

In the technology and digital era, data is used daily by all businesses including insurance companies, banks, and social media sites. Many companies are involved in processing individuals’ data and data could easily be transferred from one website to another which might be in another country. In fact, there are no borders in cyberspace. Generally, personal data refers to any information relating to individuals including name, address, and credit card numbers. In the cyber environment, it is challenging for people to take control of their personal information and avoid being tracked online. Data protection law is the safeguard to protect …

Temporary Protected Status For Ukraine – How Are Countries Selected For Tps And Who Qualifies?, Golden Gate University School Of Law

GGU Law Review Blog

Following Russia’s invasion of Ukraine, Secretary Alejandro N. Mayorkas of the Department of Homeland Security (DHS) announced that Ukraine has been designated for Temporary Protected Status (TPS) for 18 months from April 19, 2022 to October 17, 2023. Eligible Ukrainian nationals who receive TPS are protected from deportation, allowed to live and work in the United States, and may be granted travel authorization. Under the designation of Ukraine, DHS estimates that roughly 59,000 individuals could be eligible to receive TPS. Despite the temporary nature of the program that allows TPS recipients to stay in the United States for a limited …

Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu

Theses and Dissertations

Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.

Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair justice …

Transnational Bankruptcy Under International Law: Making A Case For Establishing A Unified System, Yanjun Zhao

Theses and Dissertations

In recent years, there has been a rapid increase in transnational bankruptcy cases around the world. Taking the United States as an example, from 2005 to June 30, 2020, the U.S. bankruptcy court has accepted 1488 procedural cases under Chapter 15 of the U.S. bankruptcy Code. “Cross-border bankruptcy cases filed in the U.S. under chapter 15 of the Bankruptcy Code on behalf of foreign businesses doubled during 2020 and are on pace to set another record-breaking year in 2021 (with more than 123 filings in the first half of the year alone). Foreign debtors are increasingly looking to chapter 15 …

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 …

Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe

Theses and Dissertations

The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …

A Comparative Study Of Copyright Protection In China And The U.S, In The Context Of U.S-China Trade Disputes, Lin Zhu

Theses and Dissertations

Intellectual property rights (IPR) are almost central subjects in US-China relations. The debates between the two countries over IPR protection have been more like an endless chess puzzle. It has become a popular topic to compare the two countries to gain a deep understanding of the legal differences and the reasons of disputes in this regard. To a certain extent, the two countries represent the future course of copyright development. Therefore, this paper attempts to compare the copyright legal system of the two countries by examining the historical development of foreign copyright protection, including domestic legislation and international conventions.

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.

Corporate Compliance In International Technology Licensing, Homa Badamchi

Theses and Dissertations

According to the U.S. Congress, it can be inferred that "In general, the process of commercializing intellectual property is very complex, highly risky, takes a long time, cost much more than you think it will, and usually fails.”

This quote from the Congressional Committee on Science and Technology is validation on how complex commercializing intellectual property protected technology and transferring it is. International businesses are required to comply with a vast range of domestic and foreign laws and regulations when transferring or licensing their technology. A key concern is how the achieved technology would be used elsewhere and the responsibility …

Legal Issues For Blockchain In An Environment Most Unkind, Tyler Kirsch

Blockchain Law

SpaceChain is looking to use an operating system based in blockchain for two purposes: first, it can be used to allow a constellation of satellites to communicate; and second, it can be used to ensure compliance to the rules set for the constellation.27 If a group of satellites launch with a smart contract that states both the purposes of the constellation parts and whole, outcomes can be coded into the satellites for compliance purposes.

SpaceChain is hoping, through the use of this OS, to make an “agnostic” jurisdiction. By this, SpaceChain is looking to not build a traditional jurisdiction, but …

#Metoo And The Pursuit Of Women's International Human Rights, Benedetta Faedi Duramy

Publications

IN THE PAST YEAR, high profile cases and the ensuing #MeToo movement have raised much attention on issues surrounding gender discrimination, violence against women, and sexual harassment in the workplace. In the United States, allegations of sexual assault and harassment spawned the deposition or resignation of prominent figures in the entertainment, media, dining, and business industries following the onset of the #MeToo social media movement.' In the rest of the world, many people also embraced the online crusade by sharing the hashtag millions of times or creating their own versions of it. Feminists and scholars have since attempted to keep …

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 …

Imperatives Of Corporate Governance On Corporate Citizenship In Nigeria, Professor Dr. S. Gozie Ogbodo, Dr. Godwin Luke Umoru

Annual Survey of International & Comparative Law

This paper seeks to examine and interrogate the conceptual ideas and frameworks of corporate governance; its relationship and relevance to corporate citizenship and the elements that describe what is meant by corporate citizenship. Various perspectives of the role which corporate governance plays as a major influence on corporate citizenship and corporate social responsibility were clearly shown. Also shown is the meaning which is ascribed to corporate governance, its core principles, the rhetoric and realities concerning the effect of a corporation’s pursuit of power and profit on corporate citizenship, legal and social responsibilities and the significant paradigm shift. Situating the concept …

A New Era In The Application Of U.S. Securities Law Abroad: Valuing The Presumption Against Extraterritoriality And Managing The Future With The Sustainable- Domestic-Integrity Standard, Alina Veneziano

Annual Survey of International & Comparative Law

The U.S. Supreme Court in Morrison held that Section 10(b) of the Exchange Act did not apply extraterritorially, lacking a clear indication by Congress of the intent to do so. In reaching this conclusion, it clarified that the reach of Section 10(b) is a merits question, not a question of subject matter jurisdiction and stated that the focus of the statute was upon purchases and sales of securities in the United States while articulating a bright-line transactional test to determine whether extraterritorial application was appropriate. The transactional test completely rejected the conduct/effects tests, which had been used by courts for …

International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell

Annual Survey of International & Comparative Law

The Universal Declaration of Human Rights, inspired by the “four freedoms” articulated by Franklin D. Roosevelt, proclaims but does not define the religious liberty that is the birthright of all people. Four centuries ago, when few people were free, religious ideas fostered the development of some of the fundamental principles of the law of nations. As international law has matured, increasingly it has recognized the right of individuals and groups to pursue their own religions and beliefs. The United Nations system has generated an array of international conventions, covenants, and resolutions which today articulate the rights of adherents to all …

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, …

Involuntary Dissolution: Theory And Operation In Publicly Traded Corporations, Dr. Murat Can Pehlivanoglu

Annual Survey of International & Comparative Law

Involuntary dissolution is recognized as the primary mechanism to monitor opportunism and remedy the aggrieved minority shareholders of corporations. Contrary to general understanding, involuntary dissolution is not idiosyncratic to close corporations. However, its application to publicly traded corporations requires an approach different than the one for close corporations. This note discusses and recommends the approach necessary to justify and effectively enforce involuntary dissolution statutes’ application in the context of publicly traded corporations. It expresses the opinion that the contractual view of corporate law would provide the theoretical basis necessary to construe the statute for publicly traded corporations and exemplifies its …

Front Matter

Annual Survey of International & Comparative Law

Front Matter includes the masthead, dedication, editorial, School of Law faculty, and Table of Contents.

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.

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.

The Viability And Sustainability Of Landlocked States Under International Law Vis-A-Vis Municipal Law: The Case Of South East States Of Nigeria, Christian N. Okeke

Publications

This paper has been divided broadly into two parts; the first deals with landlocked independent states under international law while the second part deals with the unique position of Southeast states and what lessons they can learn from the experiences of landlocked states in trying to create, within Nigeria, an economic powerhouse that would not only benefit the region but the country as a whole.

Combating Domestic Violence In Bangladesh: Law, Policy And Other Relevant Considerations, Dr. Zakia Afrin

Annual Survey of International & Comparative Law

In 2011, an incident involving Professor Rumana Manzur of Dhaka University brought the topic of domestic violence in Bangladesh into main stream discussions. Professor Manzur’s husband of ten years, Hasan Syeed Sumon, had tried to gauge out both of her eyes by using his fingers, bit her nose and left her severely injured while they fought in her father’s residence in Dhaka. This incident shocked the whole country as well as diasporas abroad and forced the society to address the legal and societal loopholes to effectively combat this issue. Bangladesh has displayed an understanding of and respect for women’s rights …

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 …

Theoretical Underpinnings Of Trust Investment Law: Juxtaposing Nigerian Law With Current Trends In Other Common Law Jurisdictions, Dr. Larry O.C. Chukwu

Annual Survey of International & Comparative Law

Over the centuries, common law jurists and scholars have propounded theories and principles which underpin the conduct of the investment duty of trustees. This article offers a comparative analysis of the theoretical underpinnings of trust investment law as applicable in Nigeria vis-a-vis the current trends in other jurisdictions. It concludes that the Nigerian law is hopelessly lagging behind and proffers recommendations for reform.

Accountability Of International Ngos: Human Rights Violations In Healthcare Provision In Developing Countries And The Effectiveness Of Current Measures, Sharmeen Ahmed

Annual Survey of International & Comparative Law

In recent years, the number of non-governmental organizations (NGOs) working in the international arena has vastly increased, generally making a positive impact. But, as this influence has deepened, governments in the developing world and scholars have scrutinized the work and accountability of NGOs given they are mostly independent and not subjected to international law. While NGOs must adhere to the domestic laws of the places within which they work, adherence is dependent upon the strength of enforcement of those laws. Proponents argue that this independence is essential for NGOs to effectively carry out their work. However, a review of healthcare …