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Articles 1 - 22 of 22
Full-Text Articles in International Law
Protecting The Rights And Interests Of Sukuk Holders From The Risks Of Default/Counterparty, Bankruptcy And Shari'ah Reality, Development And Challenges (Special Attention To Saudi Arabia), Omar Aloudah
Maurer Theses and Dissertations
The Sukuk markets, including the Saudi Arabian market, involve a variety of risks, the most important of which are credit and bankruptcy risks. This relatively new industry should be responsible for protecting the interests of potential Sukuk holders, whether individuals, financial institutions or banks, from credit and bankruptcy risks in order to maintain the reputation of these Islamic investment financial instruments and to increase their pace of growth. This dissertation highlights the negative effects of default on investors in Sukuk and highlights Shari’ah restrictions on various treatment options. We aim to examine the current efforts, with special attention to the …
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
Indiana Journal of Constitutional Design
The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …
Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler
Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler
Articles by Maurer Faculty
This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …
Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly
Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly
Articles by Maurer Faculty
No abstract provided.
Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler
Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler
Articles by Maurer Faculty
The tsunami in the Indian Ocean at the end of 2004 has produced heightened scrutiny of how international disaster relief is supplied and governed. This scrutiny connects to arguments by the International Federation of Red Cross and Red Crescent Societies that more effective and efficient disaster relief requires the significant development of international law on disaster relief. This commentary analyses the historical and current relationship between international law and disaster relief and challenges the arguments that more international law on disaster relief is needed.
The Asian Century: Implications For International Law, David P. Fidler
The Asian Century: Implications For International Law, David P. Fidler
Articles by Maurer Faculty
Predictions that the 21st century will be the "Asian century" have sparked analytical interest from many disciplines but not international law. This article focuses on what implications "Asia rising" may have for international law in the 21st century. The article begins by looking at the 19th and 20th centuries as the European and American centuries respectively to assess the impact these centuries made on international law. The article then analyses possible meanings for an Asian century and frames such a century's implications for international law around the concept of a "Concert of Asia". The article argues that, through a "Concert …
Book Review. Boundary Issues In Central Asia By Necati Polat, Elizabeth Larson Goldberg
Book Review. Boundary Issues In Central Asia By Necati Polat, Elizabeth Larson Goldberg
Articles by Maurer Faculty
No abstract provided.
Preparing Global Professionals, Alfred C. Aman
Preparing Global Professionals, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson
Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson
Articles by Maurer Faculty
No abstract provided.
Introduction: Afro-America And International Law, Henry J. Richardson
Introduction: Afro-America And International Law, Henry J. Richardson
Articles by Maurer Faculty
No abstract provided.
China's Use Of International Law In Border Disputes: The Cases Of India And The Soviet Union, Larry R. Schreiter
China's Use Of International Law In Border Disputes: The Cases Of India And The Soviet Union, Larry R. Schreiter
IUSTITIA
Despite American "containment" in the fifties and sixties, China was nevertheless a major actor on the international scene. The loci of China's practice of international politics ranged from the Bandung Conference to its ideological foray into European politics following the Hungarian rebellion in 1956. Along with this activism in the international environment, China turned her attention in the late fifties to the question of gaining mutual agreements with her neighbors on the delineation and regulation of the boundaries. This concern brought about some marked changes in bilateral foreign policy, and required dealings of both an ideological as well as technical …
Communist Chinese Attitudes Toward United Nations Membership 1945-1971 An Essay, Victoria E. Docauer
Communist Chinese Attitudes Toward United Nations Membership 1945-1971 An Essay, Victoria E. Docauer
IUSTITIA
Let us here examine the question of Communist Chinese representation in the United Nations in the context of a broader question: the attitude of Communist China toward international law. Was it only United States interference which kept Communist China out of the United Nations? What is the position of Communist China in regard to international law? Has the People's Republic been the lawless nation that it is sometimes described to be? In an attempt to provide questions, one must examine those arguments which emphasize the lawlessness of Communist China and seek to determine the attitude of the Communist Chinese toward …
Reflections On Education In International Law In Africa, Henry J. Richardson Iii
Reflections On Education In International Law In Africa, Henry J. Richardson Iii
Articles by Maurer Faculty
No abstract provided.
Speculations On The Relevance Of International Law To The Needs Of Black Southern Africa, Henry J. Richardson Iii
Speculations On The Relevance Of International Law To The Needs Of Black Southern Africa, Henry J. Richardson Iii
Articles by Maurer Faculty
No abstract provided.
Book Review. Cases And Materials On The Law And Institutions Of The Atlantic Area By Eric Stein And Peter Hay, Robert L. Birmingham
Book Review. Cases And Materials On The Law And Institutions Of The Atlantic Area By Eric Stein And Peter Hay, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Africa -- The Problems Of New States: A Panel, William Burnett Harvey
Africa -- The Problems Of New States: A Panel, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Book Review. World Peace Through World Law By G. Clark And L. B. Sohn, Wencelas J. Wagner
Book Review. World Peace Through World Law By G. Clark And L. B. Sohn, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Review. Bahrein Islands--A Legal And Diplomatic Study Of The British-Iranian Controversy By Fereydoun Adamiyat, Wencelas J. Wagner
Book Review. Bahrein Islands--A Legal And Diplomatic Study Of The British-Iranian Controversy By Fereydoun Adamiyat, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Sovietization Of An Occupied Area Through The Medium Of The Courts (Northern Bukovina), Jurij Fedynskyj
Sovietization Of An Occupied Area Through The Medium Of The Courts (Northern Bukovina), Jurij Fedynskyj
Articles by Maurer Faculty
No abstract provided.
Book Review. Behind The Silken Curtain By B. C. Crum And Palestine Mission By R. Crossman, Fowler V. Harper
Book Review. Behind The Silken Curtain By B. C. Crum And Palestine Mission By R. Crossman, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
The Recognition Of Cuban Belligerency, Amos S. Hershey
The Recognition Of Cuban Belligerency, Amos S. Hershey
Articles by Maurer Faculty
No abstract provided.