International Law Commons^™

If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch

ILSA Journal of International & Comparative Law

No abstract provided.

Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.

Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?, Andrea Harrison

ILSA Journal of International & Comparative Law

No abstract provided.

Si Hay Leyes De Antidiscriminiciòn ¿Por Qué Las Mujeres No Demandan Justicia? Una Mirada Al Litigo De Discriminaciòn De Género Casi Ausente En Brasil, Cesar Zucatti Pritsch

ILSA Journal of International & Comparative Law

No abstract provided.

Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison

ILSA Journal of International & Comparative Law

No abstract provided.

Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.

It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman

Research Collection Yong Pung How School Of Law

This article aims to establish that Singapore’s drug policy and approach though not in tandem, is consistent with the elements espoused in the harm reduction approach advocated by the Global Commission on drug policies. The Commission takes the position that drug control nationally has to be aligned with the sustainable development goals agenda approved by the member states in 2015. It has recommended abolishing death penalty for all drug related offences, decriminalizing drug possession and cultivation for personal consumption, implementing non-penal sanctions for all low level drug offenders, and exploring non-penal regulatory models following decriminalization. There is a paradigm shift …

Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan, Wei Zhang

Research Collection Yong Pung How School Of Law

In this article, we examine a general question: is the legal transplantation of corporate governance rule effective in curtailing agency costs? Entering into the 21st century, we have seen reforms of corporate governance standards in the Far East since the Asian Financial Crisis in 1997, including in Hong Kong and Singapore. These reforms built on the Anglo-American model of corporate governance in the UK and US supported by broad academic literature of connecting better corporate governance with firm value and identifying the association of tunneling or wrongdoings with poor corporate governance practices. The idea is also to provide more checks-and-balances …

The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The paper is a response piece to Deborah Hensler and Damira Khatam’s new article, Re-inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication. Their main argument regarding the public-private distinction is that the arbitral procedure has changed as a consequence of the substantive issues resolved in this particular ADR system. According to them the arbitral system, which was originally conceived for commercial purposes, has become another way of litigating public law, but without the accountability mechanisms attached to public courts. In this paper, I agree in large part …

Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

Nature knows no legal boundaries. Resources cannot be stopped by walls with barbwire; no matter how high some people want to build them. They cross- national territories and expand under their logic. They belong to many nations, and they are there for the responsible exploitation of their communities. The Gulf of Mexico (Gulf) and its rich hydrocarbon deposits are no exceptions. The implication of this is that for the development of this enclosed sea area to be efficient, effective, and safe it requires not only the cooperation of government officials but also the inclusion of other actors, such as academic …

Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu

Economic Crime Forensics Capstones

The Capstone Project will focus on money laundering in Nigeria by Politically Exposed Persons (PEPs) and the devastating negative impact on Nigeria’s progress as well as various measures that could combat it.

The Financial Action Task Force (FATF) defines money laundering as the processing of “ Criminal proceeds to disguise their illegal origin.” And PEPs as “someone who has been entrusted with a public function.” (FATF, 2018). The Nigerian government has adopted the term, “politically exposed persons” to include senior politicians and senior government officials as well as their immediate family.

According to Nigeria’s president, Muhammadu Buhari, $150 billion was …

The State Responsibility On The Iuu Fishing : The Reflection Of The 2015 Itlos Advisory Opinion On Iuu Fishing And Its Relevance To Indonesia, Siti Noor Malia Putri

Indonesia Law Review

Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in …

Peace Agreement Between The Government Of Indonesia And Free Aceh Movement: Its Natures And Challenges, M. Yakub Aiyub Kadir

Indonesia Law Review

This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the …

International And Domestic Law Aspects Of Cross-Border Insolvency In Order To Establishing Cross-Border Insolvency Regulation In Asean: Indonesian Perspective, Moch Najib Imanullah, Emmy Latifah, Pramesthi Dinar Kirana Ratri

Indonesia Law Review

The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the businesses across jurisdictions. Prior to the 1997 economic crisis, insolvency laws in most state economies were generally out of date and irrelevant to the modern commercial needs, particulary the cross-border insolvency matters that has not been well regulated. ASEAN has initiated an integrated economy regional by launching an ASEAN Economic Community on late 2015. It aimed to …

The Effect Of Globalization On The National Criminal Law Systems, Shirin Ahmadi Dastjerdi, Abbas Sheikholeslami, Haniyeh Hojabrosadati

Library Philosophy and Practice (e-journal)

Globalization has influenced many human life scopes with a variety of tools, which the cyberspace playing the most role. Although both cyberspace and globalization have had many benefits to human life, both as a tool and as a process, they have been able to assist offenders to bring crime into the cyberspace without any trouble. Therefore, today criminologists discuss the globalized world of crime. Although, the processes of homogenization and globalization have been precious to human beings, should not be overlooked. In this article, the author has tried to explain the cybercrime in the age of globalization, with an emphasis …

Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop

International Law Studies

Advances in science and technology have made it possible to improve the physical and cognitive capabilities of warfighters by biomedical interventions, such as the administration of drugs, the implantation of devices, and the magnetic stimulation of the brain. These advances raise the question as to whether enhanced warfighters ought to be considered weapons, means of warfare, or methods of warfare, for the purposes of the law of armed conflict. An affirmative answer to this question would make human enhancement subject to various restrictions arising from the law of armed conflict as well as arms control law. This article disagrees with …

The Application Of International Conventions By Chinese Inland-River Vessels Under Special Routes : Taking The Air Pollution Prevention As Example, Feng Meng

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Comparison Of Laws And Regulations Concerning Human Factors In Maritime Accident, Yifang Xu

World Maritime University Dissertations

No abstract provided.

Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang

Pace International Law Review

This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the other hand, the …

Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness－Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida

Pace International Law Review

Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a …