Law Commons^™

Sustainable Ecolabelled Seafood From The East China Sea: Regional And General Regulatory Regimes, Platinasoka Lin

SJD Dissertations

The aim of this work is to conduct a systematical review of fisheries management and to be an easy-understood guidebook for building an ecolabelling scheme of fisheries in the East China Sea, and also for Asian countries having plights of lacking good marine scientific research, advanced fisheries management, and public marine conservation awareness.

For this purpose, details of ecolabelling mechanism and the definitions of sustainable seafood are explored and a scoring checklist for ecolabelled seafood is created as a check tool, together with a certification standard named "ProFish." This work examines multiple types of legal documents, among them international conventions …

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

Targeting Civilians, Daniel Ivo Odon

SJD Dissertations

No abstract provided.

Alternative Dispute Resolution: Toward A Clear, Reliable And Effective Dispute Resolution System In Saudi Arabia, Ahmad Bedaiwi

SJD Dissertations

Saudi Arabia has declared its post-oil economic plan: Vision 2030 seeks to make the Kingdom "a global investment powerhouse" and disentangle national economic growth from oil revenues. This dissertation argues that jurisdictions like Saudi Arabia that hope to foster hospitable environments for foreign investment and efficient trade systems must establish effective dispute resolution systems that all business parties can trust. Alternative Dispute Resolution (ADR) mechanisms fit perfectly in this context. ADR has become increasingly prevalent and popular around the world; indeed, arbitration and other means of ADR have become universal methods for resolving disputes in international commerce.

Determining whether the …

Corporate Social Responsibility (Csr) In Islamic Banks In The Light Of Sharia: A Comparative Study Of Islamic And Western Perspectives In Saudi Arabia, Mohammed Abdullah Alshubrumi

SJD Dissertations

The focus of this study is the concept of corporate social responsibility (CSR), social justice and business ethics in relation to Sharia. The key role that Sharia plays in shaping CSR principles in business and society is explored and the related concepts of Ummah (Muslim community) and brotherhood in Islam are highlighted. In addition, Islamic social responsibility in both its mandatory (zakat) and voluntary (sadaqah, waqf, quard al-hassan) forms as practiced over centuries in Muslim society are considered. Further, the study provides significant insights into the Islamic transactions jurisprudence (fiqh al-mu'amalat).

Against …

Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi

SJD Dissertations

Arbitration, as a modern Western form of dispute resolution, has become an important feature of international commercial transactions and contracts. Saudi Arabia ratified the New York Convention and enacted a new Law of Arbitration in 2012. This dissertation evaluates arbitration in Saudi Arabia, focusing on the adoption of international standards in relevant local laws and court practices. The dissertation also considers the weight of Saudi laws, traditions, and social values to gauge the extent to which arbitration as practiced can be integrated into the Saudi legal system.

The dissertation highlights the necessity of cultivating a supportive environment for arbitration in …

A Competency Model For Judges, Talip Aydin

SJD Dissertations

Throughout most modern and contemporary legal scholarship there appears an unbridgeable division between two dominant approaches to judicial decision making. Put succinctly, legal scholars argue that there exist either objective, foundational, ultimate groundings for legal theory and decisions or legal theory and practice inevitably follow a path to relativism and skepticism.

This dissertation argues for a theory of evaluation grounded in the Pragmatic, practical ontology and epistemology. Grounding the theory in this fashion avoids the philosophical views of extreme objectivism and extreme subjectivism. In contrast to these conventional stances, which are rooted in philosophical dualism, the view argued for in …

The Evolving Korean Statutory Law On Arbitration, Eunok Park

SJD Dissertations

The Republic of Korea (Korea) is one of the countries the economy of which has developed rapidly over the past four decades. According to the World Bank, in 2016, Korea had the world’s eleventh-largest economy and was in eighth place in the world for trade. Considering its land mass, population, and natural resources, it is amazing how fast and big the Korean economy has developed. In the 1980s, Korea was known as one of the “Asian Dragons” along with Taiwan, Hong Kong, and Singapore. All these countries were believed to have great economic potential and the possibility for development. Among …

Arbitration Of Intra-Corporate Disputes In Turkish Law, Aysel Cetinkaya Uyar

SJD Dissertations

Arbitrability establishes the essential boundary between the regulatory authority of the legal system and the contractual process of arbitration. Arbitrability may overlap with public policy and other vital concerns of national legal systems. Today's legal systems may clearly maintain the scope of their authority and resist acquiescing to the trend toward universal arbitrability. States may, in fact, choose to prioritize their sovereignty over other principles of law such as freedom of contract in some certain circumstances. Protecting and maintaining the legal apparatus supporting the social, political, and economic order of the State may require such an approach. Certain areas of …

Chinese Conflicts Of Law: A Restatement And Legisprudence Proposal, Shaoming Zhu

SJD Dissertations

China has a long history of addressing conflict issues between different legal systems. However, there is as yet no unified legislation on Conflicts of Law in China. Rules on the topic of Conflicts of Law can be found in various legal sources without a clear structure or statement of their hierarchy and effectiveness. This research draws a comprehensive, well-organized map of Conflicts of Law rules in China by introducing the evolution of Conflicts of Law in China, defining the scope of Conflicts of Law as a legal science, restating the structure and contents of Chinese Conflicts of Law rules, and …

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …

Turkey And The International Law Of The Sea, Ekrem Korkut

SJD Dissertations

The 1982 United Nations Convention on the Law of the Sea [hereinafter: LOSC] is widely accepted as the constitution of the oceans. Only four countries in the Third United Nations Conference on the Law of the Sea voted against the LOSC: The United States, Venezuela, Israel, and Turkey. Turkey voted against the LOSC because of dissatisfaction with the provision concerning the breadth of the territorial sea (Article 3), the delimitation of the territorial sea (Article 15), and the regime of islands (Article 121). With regard to other provisions of the LOSC, Turkish delegates at the Conference made supportive explanations. This …

Intellectual Property Rights In The Kingdom Of Saudi Arabia In Light Of Sharia And The Trips Agreement, Abdulrahman Alabdulkarim

SJD Dissertations

This study aims to illustrate the current state of intellectual property rights (IPR) in Saudi Arabia in light of certain international agreements, specifically TRIPS, as well as Sharia law, that have informed the Saudi legislature in its creation and handling of intellectual property matters. Various matters of IP today may be debated among Saudi's Islamic jurists, which in turn may bring such issues into conflict with Sharia. Such conflicts over matters of IP cannot be dismissed lightly by the Saudi legislators. They must determine the proper enforcement and protection of IRP as stipulated by modern Saudi IP laws and/or by …

The Evolution Of China's Foreign Investment Policy And Law, Shan Gao

SJD Dissertations

This study explores the evolution of China's foreign investment policies and laws between 1978 - 2016. The main goal of this study is to provide an objective narrative about the past and present development of Chinese foreign investment from a legal perspective. The study includes discussions about the creation, development, and reforms of these policies and laws. In addition, this project considers problems and opportunities of Chinese foreign investment regulatory regime. The first chapter is the introduction, which offers detailed explanations for the main focus, issues, and structure of the thesis, the methodology of the study and the reason for …

A Critique Of Saudi M&A Laws, Mulhim Hamad Almulhim

SJD Dissertations

This dissertation aims to elucidate Saudi Arabia’s mergers and acquisitions (M&A) laws. The dissertation studies and analyzes current Saudi M&A laws with reference to comparative models from different countries and provides recommendations to improve the transparency and efficiency of Saudi Arabia’s M&A laws. Such improvements may help companies attempting to conduct M&A activity in Saudi Arabia address certain barriers and difficulties, which may in turn help to stimulate the Saudi Arabian economy.

Saudi Arabia is considered one of the world’s foremost emerging markets. Since Saudi Arabia joined the World Trade Organization, its stock market has been growing quickly, including rapid …

Corruption In International Arbitration, Inan Uluc

SJD Dissertations

Corruption represents a great menace to national and international development. It jeopardizes democracy, human rights, and social justice. Consequently, corruption is vehemently abhorred and denunciated by members of the international arbitration arena. Unfortunately, while these players purport repugnance towards corruption and do not condone corrupt acts, there has arisen a misplaced distrust of arbitral process as a proper dispute resolution system. Further, when amalgamating the inherent opaqueness of the arbitral process, its structure founded upon party autonomy, and the clear lack of authority for arbitrators to compel evidence, such distrust persists and encourages belief that arbitration is a venue where …