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Full-Text Articles in Law
State Succession To Territorial Obligations: The Case Of South Sudan And The 1959 Nile Waters Agreement, Mohamed S. Helal
State Succession To Territorial Obligations: The Case Of South Sudan And The 1959 Nile Waters Agreement, Mohamed S. Helal
Mohamed S. Helal
South Sudan’s independence has increased the number of Nile riparian States to eleven. Unfortunately, the Nile remains without an all-inclusive legal regime to regulate its use and to ensure that this indispensible natural resource is conserved for future generations. What, therefore, are the legal obligations of the newborn Republic of South Sudan regarding the Nile River? Specifically, this paper asks whether the Egyptian-Sudanese Nile Waters Agreement of 1959 has devolved onto South Sudan. This paper looks to the law of State succession to treaties to answer to this question. This is a field of international law that is beset with …
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman Ms., Ahmed Eldakak Mr.
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman Ms., Ahmed Eldakak Mr.
Radwa S Elsaman
The parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats, suggesting that they may intend to amend many laws to bring it in compliance with the Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes the Egyptian business and finance laws to examine whether they comply with Islamic law. It then …
Constitution-Making Gone Wrong, David E. Landau
Constitution-Making Gone Wrong, David E. Landau
David E Landau
With the recent wave of regime change in the Middle East, the process of constitution-making must again become a central concern for those interested in comparative law and politics. The conception of constitutional politics associated with Jon Elster and Bruce Ackerman views constitution-making as a potentially higher form of lawmaking with different dynamics than ordinary politics and states that ideally, constitution-making should be designed so as to be a relatively deliberative process where the role of group and institutional interests is deemphasized. I argue that a focus on achieving deliberation and transformation through constitution-making is unrealistic in certain situations and …
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Ahmed Eldakak, Radwa S. Elsaman
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Ahmed Eldakak, Radwa S. Elsaman
Ahmed Eldakak
The first parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats in parliament, suggesting that they may intend to amend many laws to bring parliament into compliance with Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes Egyptian business and finance laws to examine whether they comply with Islamic law. It …
Approaching Rule Of Law In Post-Revolution Egypt, Ahmed Eldakak
Approaching Rule Of Law In Post-Revolution Egypt, Ahmed Eldakak
Ahmed Eldakak
Partial absence of rule of law was a central reason for the Egyptian Revolution in 2011, and the Revolution provides a golden opportunity to establish full rule of law in Egypt. Using a substantive approach to interpreting the rule of law doctrine, this Article analyzes the aspects of absence of rule of law before the Revolution. The former regime disregarded the rule of law by amending the constitution to promote the rule of the president, issuing laws that served the interests of the president’s entourage, not enforcing judicial decisions, restricting freedom of speech, and concentrating the power in the hands …
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.