Law Commons^™

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …

Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor

Obiora Chinedu Okafor

This article enquires into the likely posture of future international law with respect to African peoples. It does so by focusing on three of the most important issues that have defined, and are likely to continue to define, international law’s engagement with Africans. These are: the grinding poverty in which most Africans live, the question of agency in their historical search for dignity, and the extent to which these African peoples can effectively resist externally imposed frameworks and measures that have negative effects on their social, economic and political experience. International law’s future posture in these respects is considered through …

Bringing Fear To The Perpetrators – Humanitarian Cyber Operations As Evidence Gathering And Deterrence, Jan Kallberg

Jan Kallberg

Humanitarian cyber operations would allow democratic states to utilise cyber operations as a humanitarian intervention to capture information and create a foundation for decision making for collective international action supported by humanitarian international law. This follows the legal doctrine of responsibility to protect, which relies first on the nation state itself but when the state fails to protect its citizens, then the international community can act ignoring the repressive or failed states national sovereignty. Another support for humanitarian cyber operations is the ability to capture evidence to support future prosecution for crimes against humanity. The weakest link in the chain …

Ending Female Genital Mutilation And Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner

Lisa Avalos