Law Commons^™

Political Repression Of Islam, Amy Swift

Human Rights & Human Welfare

Central Asia, once one of the least known regions in the world, has become important to the United States since 9/11, the resulting U.S. invasion of Afghanistan, and the new “War on Terror.” Tajikistan, often considered the poorest and most obscure of the five Central Asian “Stans,” was thrust into the public view when it became useful to the United States in its 2001 invasion of Afghanistan.

The Roma: During And After Communism, Florinda Lucero, Jill Collum

Human Rights & Human Welfare

The Roma are an interconnected ethnic and cultural group that migrated out of India more than ten centuries ago. In the Czech Republic, they may have been present since the 15th century. Although relations within Czech lands began honorably, they quickly disintegrated into enmity and within a century Czechs could kill the Roma with impunity. Legislation restricting Roma movement came about in 1927 with Law 117: the “Law on Wandering Gypsies,” which stated that the Roma were now required to seek permission to stay overnight in any given location. In the run-up to World War II, parallel restrictions to those …

Violations Of Human Rights During Military Operations In Chechnya, Federico Sperotto

Human Rights & Human Welfare

The case-law of the European Court of Human Rights concerning violations of human rights law during armed conflict has been extended after the first decisions on cases arose from violations, committed during the war in Chechnya between 1999 and 2000. In the words of the Court, at that time the situation called for exceptional measures, in order to regain control over the Republic and suppress an illegal armed insurgency. The Court has been ready to admit those measures, including the deployment of army units equipped with heavy combat weapons, military aviation and artillery, were necessary to counter the aggressiveness of …

Making Sense Of A Senseless War, J. Peter Pham

Human Rights & Human Welfare

A review of:

A Dirty War in West Africa: The RUF and the Destruction of Sierra Leone by Lansana Gberie. Bloomington, IN: Indiana University Press, 2005.

and

Young Soldiers: Why They Choose to Fight by Rachel Brett and Irma Specht. Boulder, CO: Lynne Rienner Publishers, 2005.

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”

Gender And Human Rights, Lisa Weilminster

Human Rights & Human Welfare

Russia’s historical transition from a communist society to a system of democracy and free market practices has resulted in major social changes affecting the rights of men and women. Analysis of gender and human rights in Russia requires an evaluation of the changing social relations within post-Soviet society, which are shaped by the complex factors of ethnicity, economic class, gender norms, and the role of the state in shaping present gender inequities that hinder the realization of universal human rights. Looking particularly at how gender issues relate to changing identities, employment opportunities, health care and conditions, and public and private …

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

Phishing With A Poisoned Bait, Warren B. Chik

Research Collection Yong Pung How School Of Law

This article discusses the problem of dealing with electronic fraud and identity theft under the current Singapore criminal law.

Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao

Research Collection Yong Pung How School Of Law

To many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or …

China's Participation In The Wto: A Lawyer's Perspective, Henry Gao

Research Collection Yong Pung How School Of Law

On 10 November 2001, China finally acceded to the World Trade Organization (WTO) after a marathon negotiation spanning 15 years. China's membership in the WTO raises interesting questions for both the WTO and China. For the WTO, the question is how to deal with China?a huge country of growing importance as a major global exporter and importer but is still in economic transition. For China, the question is how to implement the numerous obligations in the WTO accession package. This paper sets out by reviewing China's experience in the General Agreement on Tariffs and Trade (GATT) and the WTO. It …

Parallel Courts In Post-Conflict Kosovo, Elena Baylis

Articles

Even as American attention is focused on Iraq's struggle to rebuild its political and legal systems in the face of violent sectarian divisions, another fractured society - Kosovo - has begun negotiations to resolve the question of its political independence. Kosovo's efforts to establish multi-ethnic rule of law in the context of persistent ethnic divisions offer lessons in transitional justice and in managing legal pluralism for Iraq and other states.

In Kosovo today, two parallel judicial systems each claim sole jurisdiction over the province. One system was established by the United Nations administration in Kosovo, while the other system is …

Assessing Baxi’S Thesis On The Emergence Of A Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence From Nigerian Labour-Led Struggles, Obiora Chinedu Okafor

Articles & Book Chapters

The objective of the article is to assess some of the sub-claims that emerge from Baxi’s thesis on an emergent trade-related market-friendly human rights paradigm in the light of the available evidence regarding the intense contestations and confrontations that have occurred between Nigeria’s politically and economically transitional Obasanjo regime and a local labour-led coalition. The piece sets out to ascertain the contextual and localised validity of these ‘Baxian’ sub-claims, within the wider context of the government vs. labour confrontations in Nigeria during the neo-liberal socio-economic reforms undertaken in that country between 1999 and 2005.

The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao

Research Collection Yong Pung How School Of Law

While there has been an extensive literature on the challenge procedure of the WTO Government Procurement Agreement (GPA) in general, as well as excellent country studies on the operation of the national challenge procedures of several key GPA Members, no such study has been conducted for Hong Kong yet. In the view of the author, even though Hong Kong has a relatively small procurement market, it combines the features of a clean and effective government and a highly internationalised procurement market, and thus makes an interesting subject of study. In this article, the author examines the efforts made by the …

An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …

Russia’S “Uncivil Society”: The Threat, Sources, And Policy Recommendations, Mikhail Koulikov

Mikhail Koulikov

No abstract provided.

Russia, Livejournal, And The Implications Of National Usage Of Social Blogging For Information Exchange And Dissemination, Mikhail Koulikov

Mikhail Koulikov

No abstract provided.

Can Institutions Build Unity In Multiethnic States?, Zachary Elkins, John Sides

Zachary Elkins

No abstract provided.