Law Commons^™

The Kids Before Khadr: Haitian Refugee Children On Guantanamo, Kathryn Jastram

Kate Jastram

No abstract provided.

Jurisprudential Analysis Of The African Court On Human And Peoples Rights: From 2004 To 2010, Lucky Michael Mgimba Mr., Stephen J. Waters Mr.

Lucky Michael Mgimba

The paper is divided into four sections: (1) the paper begins with this introduction, consisting of a synopsis of the history and structure of the African human rights system; (2) section two of the paper analyses the establishment of the African Court on Human and Peoples Rights, and other substantial matters regarding the court; (3) the third section provides a critical analysis of the jurisprudential developments from 2004 to 2010, guided by a case study on the Michelot Yogombaye case; (4) the fourth and final section of the paper concludes with a brief summary of the material covered and concluding …

Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic

Jernej Letnar Černič

The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees also exist before the Court of Arbitration for Sport. It attempts to identify whether the Court of Arbitration for Sport follows the fair trial guarantees developed in the jurisprudence of the European Court of Human Rights. This article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.

International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

Nowadays and concretely after the end of Cold War, it is quite visible that the activity of the Security Council is showing a variation to the traditional conception of the international system, as the increase of actions starting from the invocation of Chapter VII of the Charter of the United nations was accompanied by new controversial outcomes. This paper intends to describe several legal issues related to the imposition of economic sanctions by the Security Council, in order to show that even if it appears that such organ of the United Nations has a wide margin of appreciation when maintaining …

After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman

Simon Chesterman

This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …

China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan

Han-Wei Liu

Several recent studies have discussed the ramifications of the China – Raw Materials case for China’s rare earths. However, none of these studies has conducted a thorough investigation of China’s current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China’s export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favorable WTO ruling. However, if General Agreement …

The Who Framework Convention On Tobacco Control As An International Standard Under The Tbt Agreement?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

In this article Lukasz Gruszczynski argues that there are good grounds for considering the Guidelines to the Framework Convention on Tobacco Control (‘FCTC’) relevant international standards under the Agreement on Technical Barriers to Trade (‘TBT Agreement’). The structure of the article is as follows: (1) Part I provides an overview of the relevant sections of the TBT Agreement and its ambiguities with respect to defining an international standard; (2) Part II sets out the aims, purpose and governance structure of the FCTC; (3) In light of the overviews of the TBT Agreement and the FCTC, Part III then considers whether …

Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean

Douglas MacLean

The National Human Rights Commission of Korea has operated in the midst of considerable political and governmental opposition since its creation. Heralded early on as the strongest national human rights institute in Asia, the government bureaucracy and conservative political forces have challenged the organization's operation from the very beginning. The inauguration of the Lee administration brought opposition forces into power, bringing drastic cuts and drawing both domestic and international criticism over alleged political interference with the organization's operation. Missing from the political accounts of the situation, however, is an examination of the structural vulnerabilities to government influence built into the …

¿Obama O Romney?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Deciphering Pakistan's Investment Policy: A Review Of Pakistani Bits, Nida Mahmood, Ahmad Ali Ghouri

Nida Mahmood Ms

This study presents the first ever comprehensive analysis of Pakistani foreign investment treaty regime, which consists of 47 BITs as of 15 June, 2012. This study provides a provision by provision comparison of all 47 Pakistani BITs. The objective is to identify similarities and differences in these BITs, explaining legal implications of their individual provisions and suggesting policy changes for future BITs in the light of existing and emerging state practices. The overall purpose is to identify policy implications of the BITs regime for Pakistan. Looking forward, the study inquires how to enhance foreign investors’ confidence and to promote and …

Reforma Laboral Y Sus Efectos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Gandhi's Ideas On World Government, Hippu Salk Kristle Nathan

Hippu Salk Kristle Nathan

No abstract provided.

Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper

Michael D. Cooper, Esq.

Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …

Transparencia Y Feuderalismo, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Under the TBT Agreement, a labelling requirement can be qualified as a technical regulation, and not as a standard, even if it does not constitute a precondition for placing a product for sale on the relevant market. Examination of “no less favourable treatment” under Article 2.1 requires determining whether a measure modifies the conditions of competition in the relevant market to the detriment of imported like products, and whether such detrimental impact stems exclusively from a legitimate regulatory distinction rather than reflecting discrimination against the group of imported like products. The evaluation of whether a measure is more trade-restrictive than …

Law And Finance In The Context Of Crisis: The Imperative Of Structural Vision, Tamara Lothian

Tamara Lothian

This piece explores the worldwide response to the recent financial and economic crisis through a comparative analysis of financial crisis, regulation and reform in the US and in several emerging market countries.

Two main ideas inform my argument.

The first idea is the inadequacy of ways of dealing with the crisis that fail to enlist finance more effectively in the service of the real economy, rather than allowing it to serve itself, and that misunderstand globalization as an unyielding constraint on institutional experimentation at home. A wide range of historical and contemporary examples helps make the point.

The second idea …

Estado Y Mercado, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Incentivos Y Más Incentivos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

A Integração Mundial E Uma Nova Ordem Internacional: Sociedade Civil Como Sujeito De Direito Internacional, Simone Martins

Simone Martins

Aborda a necessidade da construção de uma [nova] ordem internacional, que supere o paradigma subjetivista estatal no âmbito internacional por meio da ampliação quantitativa e qualitativa dos sujeitos internacionais, tendo como expoente a sociedade civil. Para tornar isso viável, considera necessário identificar os atores e os sujeitos internacionais, avaliar os fundamentos da personalidade jurídica internacional e as condições para que essa nova ordem de cariz humanitário venha a se construir com a atuação da sociedade civil organizada.

Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher

Anne T Gallagher

Remarks delivered by Dr Anne Gallagher, Guest Editor, at the launch of the new journal: Anti-Trafficking Review.

Competencia En Tv, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan

Jonathan m Bhagan

Introduction. International norms of human rights are a powerful force for interpreting, protecting and growing rights on the domestic plane. Courts throughout the Commonwealth already look to international norms to flesh out rights, whether they are found in the constitutional jurisprudence of other common law states in Treaties or Treaty based case law. While some schools of jurisprudence claim that International and Domestic law are two separate spheres , throughout the paper it will be shown that judges have consistently looked to foreign and International Law as inspiration and support for their decisions in key human rights cases. This trend …

Hacer (Bien) Las Reformas, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

The Icc Against Entrenching Impunity: The African Tenth Anniversary View’, Lucky Michael Mgimba Mr.

Lucky Michael Mgimba

For most of the 20th century the International legal community with Africa Inclusive worked towards the creation of a permanent international criminal court. Upon which the goal of establishing a permanent institution to prosecute the most egregious violations of international criminal law culminated with the formation of the International criminal Court (ICC). As it enters its Tenth anniversary, the ICC vested with the power to prosecute the four categories of offences: the crime of Genocide, Crimes against Humanity, War Crimes, and the Crime of Aggression which are in essence the most serious crimes of international concern was indeed a reverie …

Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime, Craig Martin

Craig Martin

The U.S. targeted killing policy employs drone-launched missiles to kill suspected terrorists and insurgents in countries in which the U.S. is not clearly involved in an armed conflict. It has justified the program on two bases: that the U.S. is in an armed conflict with Al Qaeda and associated organizations; and that the U.S. can engage in the strikes as an exercise of self-defence. These strikes constitute a use of force against the states in which the targets are located, in jus ad bellum terms, and the claim to the right of self-defence is similarly reliance upon a jus ad …

Pitfalls And Promises Of Social Media And Mobile Lawyering, Jonathan I. Ezor

Jonathan I. Ezor

No abstract provided.

A Comprehensive Solution To The Marine Biofouling Problem For The Endangered Florida Manatee And Other Species, Kathleen Oppenheimer Berkey Esq., Aicp, Todd K. Bendor Phd

Kathleen Oppenheimer Berkey

Marine biofouling is the undesirable accumulation of microorganisms, plants, algae, arthropods, or mollusks on a surface, such as a ship’s hull, when it is in contact with water for a period of time. Biofouling and its traditional remedies pose serious environmental consequences, including: 1) the transportation of nonindigenous marine species that can outcompete with native species for space and resources, thereby reducing biodiversity and threatening the viability of fisheries or aquaculture, 2) the accumulation of zinc- or copper-based toxins that can harm mollusk and marine mammal populations, and 3) the increase in weight, decrease in flexibility, decrease in mobility, and …

Rethinking Jurisdiction Under International Law, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

In its broadest sense, the jurisdiction of a State may refer to its lawful power to act and hence to its power to decide whether and, if so, how to act, whether by legislative, executive or judicial means. It connotes the power of the state under international law to regulate or otherwise impact upon people, property and circumstances and reflects the basic principles of state sovereignty, equality of states and non-interference in domestic affairs . In this sense, jurisdiction denominates primarily, but not exclusively, the lawful power to make and enforce rules. The principles of international law regarding jurisdiction of …

Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.

Taiwo Adebola Odumosu Mr.

The incorporation of non-profit bodies in Nigeria is governed by the Companies and Allied Matters Act, 2004 (‘the Act’). The Corporate Affairs Commission (CAC) is vested with responsibility for non-profit organisations. The CAC has branches in most State capitals of the Federation and its headquarters is based in Abuja, the Federal Capital Territory. Before applying to the CAC for incorporation of a non-profit body, one must check that the name of the new entity is not already in use. This can be done by purchasing an Availability Form, which costs very little. In Nigeria only legal practitioners, and to some …

Protocolo De Madrid, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.