Law Commons^™

China In Africa And The Law, Salvatore Mancuso

Annual Survey of International & Comparative Law

This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.

This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …

An Overview Of The Challenges Facing The International Court Of Justice In The 21st Century, S. Gozie Ogbodo

Annual Survey of International & Comparative Law

The effectiveness of the International Court of Justice (ICJ) is critical for global survival and progress in the 21st century. Unfortunately, after over six decades in existence, the Court’s influence is declining. This work argues that to revitalize the influence and effectiveness of the Court, some vital reforms must be undertaken in the ICJ system. These reforms must address: (1) the process of election and re-election of ICJ judges; (2) the conflict of interest arising from the presence of permanent members of the United Nations Security Council on the Court; (3) the issue of the Court’s compulsory jurisdiction; and (4) …

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

Foreward, Jon H. Sylvester

Annual Survey of International & Comparative Law

No abstract provided.

Masthead

Annual Survey of International & Comparative Law

No abstract provided.

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 …

22nd Annual Fulbright Symposium Program - Confronting Complexity In International Law, Brad Lai

The Sompong Sucharitkul Center for Advanced International Legal Studies

Program for the 22nd Annual Fulbright Symposium on International Legal Problems.

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 …

Infuturia Global Ltd. V. Sequus Pharmaceuticals, Inc.: The Breadth Of Removal Jurisdiction Under 9 U.S.C. § 205, Conor Burden Leonard

Golden Gate University Law Review

In Infuturia Global Ltd. v. Sequus Pharmaceuticals, Inc., the U.S. Court of Appeals for the Ninth Circuit analyzed the scope of federal removal jurisdiction over matters related to certain international arbitration agreements and awards. In doing so, the Ninth Circuit articulated a broad standard to determine whether a federal court is an appropriate forum to hear a dispute related to a foreign arbitration agreement or award. The Ninth Circuit interpreted the key language of the relevant provision to permit removal whenever there is an arbitral award or agreement that “could conceivably affect the outcome of the plaintiff’s suit.”

Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy

Publications

Traditionally, international law understood the concept of state accountability only in the context of human rights violations imputed to the government or any of its agents." Because domestic violence is comprised of acts committed by private individuals, these crimes have long been deemed to fall outside the scope of state accountability. More recently, however, the concept of state accountability has been expanded to include not only state actions, but also-and more importantly-state omissions and failures to take appropriate steps to protect women from domestic violence. Therefore, in addition to preventing through its own agents the commission of violence against women, …