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Articles 1 - 30 of 69
Full-Text Articles in Law
Judicial Review Of International Commercial Arbitral Awards By National Courts In The United States And India, Aparna D. Jujjavarapu
Judicial Review Of International Commercial Arbitral Awards By National Courts In The United States And India, Aparna D. Jujjavarapu
LLM Theses and Essays
Article V of the New York convention lays down the provisions under which the recognition and enforcement of an arbitral award may be refused. The United States and India are signatories to the Convention. Section 10(a) of the Federal Arbitration Act in the United States limits the scope of judicial review of the arbitral awards to a clear list of grounds of vacatur. The national courts of the United States have recognized several non-statutory grounds of which "manifest disregard of the law" as a standard of review is the focus in this thesis. In fact, the state of Georgia has …
Ethiopia's Sovereign Right Of Access To The Sea Under International Law, Abebe T. Kahsay
Ethiopia's Sovereign Right Of Access To The Sea Under International Law, Abebe T. Kahsay
LLM Theses and Essays
Since Eritrea’s secession from Ethiopia there has been continuous opposition by intellectuals and the opposition to the government’s policy of making Ethiopia a landlocked country. Some totally reject the secession, while others accept the independence as a "fait accompli" and voice concern over the lack of an outlet to the sea, and still others acknowledge the right of self-determination and secession of Eritrea but denounce the inconsistency of the application of the Transitional Charter regarding the Red Sea Afar and the Algiers Agreement for denying Ethiopia its legitimate right to access to the sea and allege that the government is …
The Need For A Transnational Appellate Arbitral Review Body, Priya Sampath
The Need For A Transnational Appellate Arbitral Review Body, Priya Sampath
LLM Theses and Essays
This thesis analyzes the necessity for the establishment of a transnational body of arbitral appeal. The paper also elaborates on how the establishment such a body will serve as a suitable replacement for judicial review and be an effective source of appeal in general. Also prescribed are suggestions based on which the appellate body may be conceived.
Comfort Women: Human Rights Of Women From Then To Present, Jinyang Koh
Comfort Women: Human Rights Of Women From Then To Present, Jinyang Koh
LLM Theses and Essays
This paper discusses the human rights of women through the atrocities in the Japanese comfort system during World War II. Approximately 100,000 military sexual slaves, so-called "comfort women", were recruited coercively, raped and mostly killed under the control of the Japanese government and military. The stance of Japan which has denied any legal liability in this matter affects severely the retrogression of the human rights of women. In order to ameliorate the human right at both international and domestic levels ultimately, it is significant to observe the facts of the comfort women issue, to analyze the legal liabilities of the …
International Legal Standards Governing The Use Of Child Soldiers, Dorcas B. Mulira
International Legal Standards Governing The Use Of Child Soldiers, Dorcas B. Mulira
LLM Theses and Essays
This paper seeks to analyze the international laws governing the use of children in armedconflict. Despite the prohibition of the use of child soldiers in armed conflict in internationallaw, States and non-State actors continue to actively recruit, abduct, and directly use children,some as young as eight, in hostilities. International humanitarian law's limited scope prevents itfrom protecting the worldÕs most vulnerable children, child soldiers, while human rightsinstruments adopted to make up for these limitations lack enforcement mechanisms, thereforerendering the much-needed protection for child soldiers inadequate. As development ofinternational law concerning child soldiers progresses on paper, progress on the ground lagsbehind, thus …
Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam
Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam
LLM Theses and Essays
This is a study about the protection of human rights by regional human rights bodies. The thesis identifies the major regional human rights protection systems i.e. the African human rights system, the inter-American human rights System and the European human rights system. The paper examines the types of mechanisms employed by each regional system and examines each mechanism. The three major mechanisms dealt with in this work are inter-state complaints, state reporting, country reports, finally individual complaints, and execution of the judgments rendered by these regional bodies. The thesis analyzes the procedures involved in each of these mechanisms and examines …
How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy
LLM Theses and Essays
The nomination procedure for the Arbitral Tribunal in commercial arbitration is one of the crucial points in the arbitral procedure. Parties have to have in mind the provisions of the New York Convention regarding the setting aside of an award in case of a failure during the nomination procedure of the tribunal. Besides from the famous Dutco case on multi-party arbitrations and their nomination procedures have received highest interest within the international arbitral world. As the thesis will comparatively show, all major arbitral institutions have updated their Rules, countries have even rendered new legislation with respect to the nomination procedure …
Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha
Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha
LLM Theses and Essays
Tourism in the Antarctic has experienced rapid growth throughout the last fifteen years with over 30,000 people visiting the white continent during the 2005 - 2006 season. Such expansion offers a host of new activities for visitors to explore this immense wilderness, yet it brings considerable unease over the future of Antarctica. As of 1961, issues concerning the white continent have been dealt with under the Antarctic Treaty System, which has provided the forum for the discussion of numerous measures. This paper looks into the history of tourism, analyzes the main challenges such industry poses, and attempts an assessment of …
Accountability Of Transnational Corporations Under International Standards, Lea Hanakova
Accountability Of Transnational Corporations Under International Standards, Lea Hanakova
LLM Theses and Essays
Due to the process of globalization and rapid economic evolution in the last several years, transnational corporations have become extremely powerful. There is an evident disproportion between the numerous rights enjoyed by transnational corporations and the scarce obligations undertaken by them. Given their transnational nature, transnational corporations have been successfully avoiding national regulations of both their home and host states, and they are seeking to operate in countries with the lowest standards so as to increase their profits. This has resulted in the violation of basic human rights. Therefore, there is an increasing need for the creation of international instruments …
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
LLM Theses and Essays
Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
LLM Theses and Essays
This work is a comparative study of the availability and handling of interim measures in international commercial arbitration in different legal systems. It studies the difference in handling of interim measures and the need for a harmonized structure. It also contains a review of the proposed draft amendment to the UNCITRAL Model Law and further suggests a different version for the amendment.
The Impact Of Modernization And Development On Muslim Women In Egypt: A Legal Perspective, Mazahir Muhammed Ata El-Sid
The Impact Of Modernization And Development On Muslim Women In Egypt: A Legal Perspective, Mazahir Muhammed Ata El-Sid
LLM Theses and Essays
This study examines the effectiveness of the modernization theory in Egypt, a developing Muslim society. As in the case of other developing societies, Egypt's modernization is uneven. Therefore, I will examine modernization as it relates to Muslim women in Egypt in as far as they vary in their exposure to the modernizing influences of advanced technology. Egypt has experienced a variety of social, judicial, economic, demographic, and political modifications. These changes have greatly affected Muslim women in Egypt and their family life. Not all of the issues underlying modernization will be addressed in this research. Type of family structure and …
Legalize It? -Osp And Peer-To-Peer Network Liability For Online Music Copyright Infringements In The United States And Germany, Christian Nils Jochen Engelhardt
Legalize It? -Osp And Peer-To-Peer Network Liability For Online Music Copyright Infringements In The United States And Germany, Christian Nils Jochen Engelhardt
LLM Theses and Essays
It may be useful to explain why a comparative approach was chosen. It is easy and comfortable to get caught up in one's own legal system and not look abroad. It is often difficult enough to understand and apply one’s own laws accurately and the study of a foreign legal system may seem an effort too great. Yet, this reluctance to look beyond the familiar is fatal to legal development and improvement since entirely new ideas are rare in the field of law and the main source of change and new approaches is borrowing from another legal system. If one …
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo
LLM Theses and Essays
Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
LLM Theses and Essays
Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …
The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed
The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed
LLM Theses and Essays
Due to the fact that no work of this size could address every aspect of the Rome Statute, this study is limited to the provisions of Parts 2, 9, and 10 of the Rome Statute. These provisions cover all matters being on the relationship between the Court and states, in general, and especially the obligations of states parties under the Statute. The first chapter will examine the historical journey toward an international criminal court, beginning with World War I, continuing throughout the twentieth century and ending with the adoption of the Rome Statute in the Diplomatic Conference in Rome on …
Public Policy Defense In International Commercial Arbitration, Mingqiang Qian
Public Policy Defense In International Commercial Arbitration, Mingqiang Qian
LLM Theses and Essays
The purpose of this thesis is to examine how public policy defense functions in international commercial arbitration and whether it will block the development of international commercial arbitration. Chapter II deals with the role of public policy in international private law. This chapter examines the origins of public policy in common law countries and its functions in international private law. It is difficult to evaluate public policy as a precise concept because of its relative nature. Nevertheless, to limit its application in international private law, legal scholars have tried to clarify differences between domestic public policy, international public policy, and …
Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky
LLM Theses and Essays
The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …
Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson
Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson
LLM Theses and Essays
This thesis will explore, first within a historical context, and second, in a contemporary model, the impact and effect of electronic commerce in both a general and Electronic magazines. The thesis will explore governmental and legal responses, from a taxation and tariff point of view to the challenges posed by commercial transactions initiated and completed via the Internet and the World Wide Web. The broad question is therefore presented: How should governments, primarily American state and local governments, but also governments worldwide, respond to changes in technology that have a direct effect on the way business is conducted within their …
Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi
Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi
LLM Theses and Essays
Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …
Notions Of Equity In (International) Environmental Law: Inter-Generational Equity, Youk-Hyun Sung
Notions Of Equity In (International) Environmental Law: Inter-Generational Equity, Youk-Hyun Sung
LLM Theses and Essays
Equity has a long history. In the first chapter of this thesis, notions of equity in conventional international law will be discussed. It must be more helpful to understand equity based upon the history of the term since the issues relating to equity were raised in quite a few cases in the past. In the second chapter, by discussing environmental equity in the United States, the only remaining superpower and the largest economy in the world, the thesis tries to see the future of equity in international environmental law. Environmental equity issues in the United States are good sources for …
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
LLM Theses and Essays
Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
LLM Theses and Essays
The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …
Federal Reserve: History, Purposes And Functions - An Analysis, Mukunda Lakshamanarao
Federal Reserve: History, Purposes And Functions - An Analysis, Mukunda Lakshamanarao
LLM Theses and Essays
On December 23, 1913, President Woodrow Wilson signed into law the Federal Reserve Act. With this law, Congress established a central banking system which would enable the world’s most powerful industrial nation to manage its money and credit more effectively than ever before. The political and legislative struggle to create the Federal Reserve System was long and often bitter, and this final product in 1913 was the result of a carefully crafted and somewhat tenuous political compromise between national and regional powers. Since its founding, the Federal Reserve System has evolved to meet the needs of a changing financial system …
Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu
Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu
LLM Theses and Essays
Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …
Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen
Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen
LLM Theses and Essays
The purpose of this thesis is to analyze and discuss a list of specific problems in the current Danish system and in this analysis to examine how these problems are dealt with under the United States laws on reorganization. The thesis consists of five parts in addition to this Introduction. Part II is an introduction to the laws on reorganization in Denmark and in the United States. Part II also includes a brief introduction to out-of-court workouts as an alternative to reorganization under the bankruptcy laws. Part III provides statistical information on the number of reorganizations, the outcome of reorganizations, …
Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar
Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar
LLM Theses and Essays
The primary focus of this study is to develop a National Coastal Zone Management Program for Venezuela, a moderate, comprehensive, and an effective long-term program which allows the development and protection of the Venezuelan Coastal Zone now and in the future. This program must comply with the actual Venezuelan environmental laws and its administrative mechanisms. Also, it must help to control ecological, economic, commercial, social, and human pressures on the Venezuelan coastal area. The design of this project will be based on an analysis of the extensive experience of the U.S.A. coastal states under the Coastal Zone Management Act (CZMA); …
Developing A "Transnational" Law For International Sales: The Vienna Convention's Treatment Of Trade Usages, Ainhoa Veiga-Torregrosa
Developing A "Transnational" Law For International Sales: The Vienna Convention's Treatment Of Trade Usages, Ainhoa Veiga-Torregrosa
LLM Theses and Essays
The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG or Vienna Convention), conceived for worldwide acceptance, sets forth a uniform set of rules aimed at regulating some of the issues that, in an international sales contract, are likely to arise between the parties to such international transaction. The extent to which the substantive solutions that the Vienna Convention provides with the aim of filling in gaps within international sales contracts, are to achieve the standing of a predictable, global, and uniform legal background for these contracts, is the question to be treated in this paper …
Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov
Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov
LLM Theses and Essays
This thesis will analyze one of the ways in which disputes arising from developed countries' investment activities in the developing countries are decided. The issues of investment and disputes are of great importance to the developed countries as well as to developing countries. The scope of the issues gives rise to a multitude of questions of national and international law in an interdependent world economy. International investment attracts the close attention of international law because it brings the movement of people and financial resources from one country to another and such movement gives rise to a potential risk for conflict …
Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan
Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan
LLM Theses and Essays
The primary objective of this thesis is to show the proposals that have been made in order to amend the New York Convention. This study tries to analyze the problems that the proposed modifications seek to eliminate. In general these proposals were aimed at amending the Convention in order to widen the scope of application of the Convention and to eliminate the difficulties with the enforcement of arbitral awards in national courts Chapter two of this study gives a historical overview of the multilateral enforcement conventions prior to the New York Convention and a brief drafting history of the New …