Law Commons^™

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …

Topes A La Ied, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Rethinking Finance Through Law: A Theoretical Perspective, Tamara Lothian

Tamara Lothian

Finance is traditionally studied by lawyers as well as by economists on the basis of the premise that a market economy has, at its core, a single natural and necessary institutional form, expressed, for example, in the basic rules and doctrines of contract and property. The literature about "varieties of capitalism" has proved insufficient to challenge this assumption. A corollary of this premise is the view that, barring particular market defects, a market economy can be counted on to channel the savings of society to its most efficient possible uses. The first task of regulation is supposedly to redress such …

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.

Agency Cost Problems In Executive Compensation: An Evaluation Of Dividend Equivalent Rights On Restricted Stocks, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

Some authors argue that the integration of stock options as well as restricted stocks into executive compensation may reduce the conflicts between shareholders and management but may at the same time give rise to other agency problems connected to debt. While this line of argument may hold some merit, the structure of executive compensation packages, has over the years, focused less on stock options and more on restricted stocks. A classic example of this trend is Microsoft, who in 2003, switched from using stock options to restricted stock.

Compensating executives through restricted stocks has recently come under scrutiny due to …

U.S. Federal Circuit Upholds U.S. International Trade Commission's Authority To Ban Importation Of Products Containing Trade Secrets Misappropriated By A Chinese Company In China, Matthew P. Allen

Matthew P. Allen

No abstract provided.

"The United Nations Judicial Tribunals As Tools For Managerial Accountability", Tamara A. Shockley

Tamara A. Shockley

The United Nations General Assembly reaffirmed its commitment to strengthening managerial accountability in the United Nations. One of the essential components of accountability was the importance of managerial compliance with the Charter of the United Nations, General Assembly resolutions, and the UN Staff Regulations and Rules. As the General Assembly and staff members of the UN demand greater transparency in organizational decision-making, a new managerial tool for accountability has emerged in the UN in the form of UN Judicial Tribunals. The emerging jurisprudence from the UN Judicial Tribunals affects how a United Nations manager will make decisions concerning the legal …

The Rise Of National Regulatory Autonomy In The Gatt/Wto Regime, Michael Ming Du

Michael Ming Du

This paper sets forth two arguments. First, to respect a WTO Member’s national regulatory autonomy in the world trading system is essential to ensure the WTO’s long term success in light of the WTO’s institutional constraints, the WTO’s underlying philosophy and the WTO’s nature as an incomplete contract. Second, and contrary to many popular criticisms against the WTO’s allegedly intrusive penetration to national regulatory autonomy, this paper argues that these critics have failed to appreciate the recent WTO case law developments. Indeed, the recent WTO case law has shown that the WTO Appellate Body has quietly fine-tuned its previous jurisprudence …

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García

Bruno L. Costantini García

Presentación de las Generalidades de la Propiedad Intelectual en México (Propiedad Industrial y Derechos de Autor), legislación que la rige, aplicación y modalidades

What Has Love Got To Do With It?:Sentimental Attachments And Legal Decision-Making, David L. Markell, Tom Tyler, Sarah Brosnan

david l markell

Our underlying premise in this article is that a government is likely to bolster its legitimacy when it uses legal decision-making procedures in which the public has confidence. Our findings, which are based on a survey about options for resolving disputes in the land use arena, identify an important anomaly in public preferences. While people generally preferred to resolve disputes through judicial adjudication, they did not prefer to have the courts make decisions involving sentimental value. These findings suggest that it is not possible to paint a simple picture of public procedural preferences because those preferences shift depending upon the …

Globalization, Regional Integration And Taxes On The Consumption Of Goods And Services In The Mercosur, Luciano Pereira Vieira

Luciano Pereira Vieira

This article reconsiders historical, political and economic assumptions necessary to understand the processes of globalization and regional integration, by seeking to break down certain taboos on the subject matter. All phases to be completed by the States participating in a given integration process and the setbacks experienced along the path until achieving the intended degree of political & economic integration are also outlined herein. It is assumed that the economic integration entails a great deal of effort from players to adjust their domestic laws, in particular tax regulations, since the markets and taxes go hand in hand, with the first …

Negotiating The India-Pakistan Conflict In Relation To Kashmir., Varun Vaish

Varun Vaish

Any academic discussion centered on a particular conflict is incomplete without first attempting to garner a better understanding of the genesis and subsequent alteration of the underlying factors that contribute to a dispute through an integrative approach. Such an approach has been termed as “Transformation Studies,” wherein an attempt is made to first study the experiences which lead to grievances and ultimately to disputes. In this approach the emergence and transformation of a dispute is analogous to studying a social process as it occurs.Only when a particular experience is perceived to be injurious, does one feel the need to attribute …

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

La Jurisprudencia En México, Bruno L. Costantini García

Bruno L. Costantini García

Breve presentación de la jurisprudencia en México, su aplicación, objetivos y fines para el Derecho Mexicano. ¿Por qué es util para el derecho? ¿Quién la emite?

Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García

Bruno L. Costantini García

Introducción al Derecho Notarial y Registral en México, cuyo objeto es conocer los elementos de las figuras del notario y del corredor público, la formalización de sus actos y su registro.

Copyright In Its Global Contextcanada's Approach To Bill C-32: India’S Lesson In 'What Not To Do'., Varun Vaish

Varun Vaish

Every once in a while, one has the luxury to benefit from the experience of another. When those experiences originate from a comparable state of affairs, one would be unwise not to learn from them. Such an opportunity presents itself before India as both Copyright Modernization Act, 2010 of Canada and the Copyright (Amendment) Bill, 2010 of India are tabled before their respective legislative houses. Through this note the author seeks to reflect upon Canada’s Bill C-32 vis-à-vis the other proposed or prevailing copyright laws of countries, in order to expediently inform the Indian position on Copyright law. The author …

Rudolf Callmann And The Misappropriation Doctrine In The Common Law Of Unfair Competition, Christopher Wadlow

Christopher Wadlow

Rudolf Callmann (1892-1976) is a central figure for unfair competition lawyers in both the German civil law and the Anglo-American common law traditions. When he emigrated from Germany to America in the 1930s he was already the author of substantial works on trade marks, unfair competition, and cartel law. In the United States he composed the monumental Callmann on Unfair Competition, Trademarks and Monopolies. This article examines his invocation of the 1918 decision of the Supreme Court in International News Service v Associated Press as the basis for a reformulated common law of unfair competition, eschewing a purely tortious conception …

Do We Need Regional Human Rights Institutions In The Asia-Pacific Region?, Buhm-Suk Baek

Buhm Suk Baek

Since the adoption of the Bangkok Declaration in 1993, there have been numerous initiatives to establish regional human rights institutions and charters in the Asia‐Pacific region, but all efforts have been impeded by deep cultural, political, and historical issues. Over the last two decades, human rights scholars have also published a large number of studies exploring the possibilities for creating RHRIs in the Asia‐Pacific region. They, however, have mainly focused on examining the reasons why such regional human rights systems have not emerged in the Asia‐Pacific region and on suggesting ways in which RHRIs in this region can be created, …

Social Contract Theory Of John Locke (1932-1704) In The Contemporary World, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The 17th century period was marked by an attempt to erect effective safeguard against violations of natural law by governments. Law in this period was conceptualized as an instrument for the prevention of autocracy and despotism. Absolutism in Europe that was associated with governmental encroachments necessitated a strong shield of individual liberty. In this period legal theory placed the main emphasis on liberty, thus the law was to render governments capable of functioning as a guarantor of individual rights. This paper aims at examining the social contract theory of the 17th-century English philosopher, John Locke, its parameters, limitations and its …

From Here To There: U.S. Export Reform, William Alan Nelson Ii, Correen Wood

William Alan Nelson II

No abstract provided.

¿Cómo Se Determina Una Expropiación Indirecta Bajo Tratados Internacionales En Materia De Inversión?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Arreglos Institucionales De Los Órganos De Mejora Regulatoria: Una Propuesta De Reforma Para La Cofemer, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …

Legal Outlier, Again? U.S. Felon Suffrage: Comparative And International Human Rights Perspectives, Reuven (Ruvi) Ziegler

Dr. Reuven (Ruvi) Ziegler

The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European …

Vulture Funds, Sovereign Debts And The Concept Of Debt Relief, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

An Institute for Social Change Research and Learning Series webinar looking at one of the pressing issues impacting international debt relief. Ufuoma Barbara Akpotaire, A SISGI Group Spring 2011 Program and Research Intern, provides an analysis of a problem facing many countries and proposes strategies that can be used to improve international debt relief.

Debt relief is seen as a strong economic development strategy for many countries facing issues of poverty and lack of resources. Unfortunately, a legal system that allows debt to be sold to "vulture firms" is preventing debt relief and even international aid efforts from being realized. …

Let's Talk About Malaria, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

We’ve all heard the phrase: Every 45 seconds, a child dies from malaria. Malaria is caused by Plasmodium parasites transmitted by mosquito’s. Statistics also show that the number of deaths resulting from this disease has been reduced over the last couple of years. Unfortunately, these statistics serve to remind us that people are still dying from malaria, a disease which we can eradicate.

I have often found commendable the worldwide efforts that have been, and continue to be, put into fighting malaria. Especially, since Malaria is a disease that often only affects specific countries. Today is World Malaria Day and …

Iniciativa Anticorrupción, ¿Paso Firme?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Direct Effect : Its Potential To Be Created In Caribbean Integration Law And Its Likely Effect In The Oecs, Jonathan M. Bhagan

Jonathan m Bhagan

This paper looks to the potential for the Caribbean Court of Justice to adopt the EU principle of Direct Effect . The possibility of a Van Gend En loos situation is present in the currant treaty framework ,with article 214 of the Revised Treaty of Chaguaramas . The latter part of the paper also looks to the OECS and the potential for direct effect there.