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Articles 1 - 30 of 42
Full-Text Articles in Law
Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta
Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta
Theses and Dissertations
People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads …
Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw
Theses and Dissertations
Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …
Finding Neverland? Artificial Intelligence And The Jurisprudence Of Legal Certainty, Omar Zaky
Finding Neverland? Artificial Intelligence And The Jurisprudence Of Legal Certainty, Omar Zaky
Theses and Dissertations
The development of artificial intelligence (AI) models that are capable of predicting the decisions of prominent courts – most notably the European Court of Human Rights and United States Supreme Court – provides us with an opportunity to revisit important jurisprudential debates regarding the quest for legal certainty. Through providing clear distinctions within formalistic jurisprudence, and its, subsequent, realist critique; this thesis seeks to analyze legal decision-making and its relationship with artificial intelligence. I argue that, AI’s deterministic nature and its support for the law being an “entirely self-contained process” does lend some credence to certain jurisprudential arguments. However, this …
Law 96 Of 1992, Kari P. Kammel
Law 96 Of 1992, Kari P. Kammel
Archived Theses and Dissertations
No abstract provided.
Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz
Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz
Archived Theses and Dissertations
The legal basis in Iran and Bahrain whether domestic law or international law regulates and determines the government's attitude and behavior towards its people. At the same time, state's attitude affects the way in which laws are formulated and implemented at the same time. Iran and Bahrain represent two critical examples in addressing the issue of majority and minority rights and the idea of imagining and accepting the other in terms of human rights violations. The inability of imaging the other leads to human rights violations in both states. These violations are committed in one case by a majority towards …
"I Am Not Good Enough For The State Because I Am A Woman": The Feminization Of Poverty, A Violation Of Women's Social Rights?, Masa Amir
Archived Theses and Dissertations
This thesis explores the conception of the feminization of poverty, the notion that women experience a higher incidence of poverty than men, that women are prone to suffer more persistent/long-term poverty than men, that women's disproportionate burden of poverty is rising relative to men, that women face more barriers to lifting themselves out of poverty, that the â feminization of poverty' is linked with the â feminization of household headship,' and that women-headed households are the poorest of the poor. Seeing that poverty has been defined as capability deprivation that prevents individuals from leading the kind of life they have …
Binary Variations On An Unfortunate Theme: Towards A Sustainable Analysis Of Human Trafficking, Matthew Dompier
Binary Variations On An Unfortunate Theme: Towards A Sustainable Analysis Of Human Trafficking, Matthew Dompier
Archived Theses and Dissertations
The current state of international law and human rights provide a rich context for a critique of the discourse of human trafficking: how the discourse is framed, how it is used and what the effects of this use are. This research suggests that the discourse of human trafficking is often employed in a binary, dualistic manner in its framing, conceptualization and common manifestations. The binary determination of human trafficking as a human right violation or a crime was particularly evident in the negotiating process for the definition of human trafficking contained in the UN Trafficking Protocol, which represented an opportunity …
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Archived Theses and Dissertations
One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Archived Theses and Dissertations
The detention of migrants and asylum-seekers on administrative grounds is common practice in Germany and Austria. Administrative detention in migration settings mainly aims at facilitating deportation procedures but can also lead to deterrence. A definition for deterrence in pre-deportation detention settings is developed in this paper and applied to three German and three Austrian court cases. In this way, it is possible to show how deterrence occurs and what it looks like. Broad discretionary powers and insufficient training for law enforcement agents, such as the immigration police, as well as vague standards and procedures, play a role in the occurrence …
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbriide
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbriide
Archived Theses and Dissertations
This piece focuses on stateless persons outside their country of origin/habitual residence who are now in Egypt. A number of stateless persons have been detained because of their illegal entry into Egypt, and because of their lack of deportability, their detention becomes indefinite. There are also a number of stateless persons who are not under the protection of the UNHCR Cairo living in Cairo, who are at risk of indefinite detention because of their lack of documentation. This is a critical analysis of the UNHCR's role in implementing their mandate, and also an understanding that ultimately it is up to …
Defining The End Of New Wars, Jeroen Jansen
Defining The End Of New Wars, Jeroen Jansen
Archived Theses and Dissertations
New wars are defined by their innate disposition to blur distinctions and human rights violations while structurally undermining the enjoyment of human rights. These wars are self-fueling human rights cataclysms that destroy society and its social contract by blurring the distinction between government, army and people. These characteristics prolong into what is perceived as post-conflict and blur the distinction between war and peace. The lack of acknowledgment and understanding of these characteristics among the actors who provide relief and seek resolution to the conflict undermines the effectiveness of their actions and the coordination among them resulting in aid gaps. The …
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Archived Theses and Dissertations
The recognition and protection of the right to strike have seen huge developments since the beginning of the twentieth century. The traditional basis upon which this right was based on the international arena and in national jurisdictions is one that views the right to strike as an essential tool in the hands of workers and their representative organizations to strengthen their bargaining power against employers, which means that the right to strike is one of economic and social rights enjoyed by humans in their capacity as workers. Yet, there are calls for widening the basis of recognition of this right …
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Archived Theses and Dissertations
The long-running controversy in international refugee law over the concept of safe third countries is particularly challenging when refugees migrate irregularly from urban settings. While urban-based refugees often face a distinct set of human rights violations, the complexity that characterizes how these abuses fit into the larger picture of urban poverty and state ineffectiveness, combined with continued ambiguity concerning the minimal standards of protection necessary to allow a state to return a refugee to a first country of asylum, allows receiving states to deny protection obligations by relying on the argument that the hardships compelling movement, if they did not …
Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda
Islamic Inheritance Law Reform: The Problem Of Orphaned Grandchildren's Inheritance Rights, Salah Hesham Hamouda
Archived Theses and Dissertations
Islamic inheritance law excludes orphaned grandchildren from inheriting a share of their grandparent's estate in the event of surviving uncles and aunts under the rule that the nearer in degree excludes the more remote. For centuries, this prohibition has prevented orphaned grandchildren from inheriting a share of their grandparent's estate. Mediaeval Islamic juridical treatises claimed that inheritance law's provisions are the final dictate of God and their authority cannot be questioned. States have tried to resolve the conflict between the provisions of Islamic law and social needs by adopting various devices of reform such as ijtihad, taqlid, takhayyur, and talfiq. …
Arbitration: A Comparative Study, Samer M. Badran
Arbitration: A Comparative Study, Samer M. Badran
Archived Theses and Dissertations
No abstract provided.
Policy Vs. Deduction: Finance Lease Between Formal Property And Economic Reality, Akram Korany
Policy Vs. Deduction: Finance Lease Between Formal Property And Economic Reality, Akram Korany
Archived Theses and Dissertations
No abstract provided.
The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege
The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege
Archived Theses and Dissertations
No abstract provided.
Highlighting The Major Weaknesses Of The Wto Anti-Dumping Agreement Which Cause International Market Distortion, Ahmed Rabie A. A. El-Nour
Highlighting The Major Weaknesses Of The Wto Anti-Dumping Agreement Which Cause International Market Distortion, Ahmed Rabie A. A. El-Nour
Archived Theses and Dissertations
No abstract provided.
The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam
The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam
Archived Theses and Dissertations
No abstract provided.
Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki
Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki
Archived Theses and Dissertations
No abstract provided.
The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander
The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander
Archived Theses and Dissertations
No abstract provided.
Consumer Protection In Ecommerce: A Case Study Of Egypt, Heba Habib
Consumer Protection In Ecommerce: A Case Study Of Egypt, Heba Habib
Theses and Dissertations
This paper examines electronic contract regulation in the context of business-to-consumer transactions. The technological advancement and cross-border nature of e-commerce have posed significant challenges to the Egyptian legal framework highlighting the limitations of general commercial contract rules with regards to electronic contracts. This thesis argues that access to the courts is hindered by restrictive terms in the electronic contracts over which the Egyptian law has no jurisdictional power. Accordingly, private institutions set the rules in the e-contracts and enforce them through private methods leaving no room for state intervention to ensure the protection of consumers. Hence, the application of national …
The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi
The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi
Theses and Dissertations
Egyptian religious freedom activists and researchers have for decades called for more secularism to remedy the violations facing religious minorities. Those religious minorities have been subject to attacks for practicing religious rituals and suffered from lack of recognition by the government. As those activists advocated secularism, some academics critiqued it and deemed it the instigator of the very problems it claims to uproot. Saba Mahmood famously argued that secularism is a primary producer of religious tension in Egypt. In this thesis, I argue that it is not the mere regulation of religious difference as a feature of secularism that is …
The Challenges And Aspirations Of The Digital Transformation Of The State Council Of Egypt, Moustafa Ahmad Kamal Mahmoud Ahmad
The Challenges And Aspirations Of The Digital Transformation Of The State Council Of Egypt, Moustafa Ahmad Kamal Mahmoud Ahmad
Theses and Dissertations
The use of modern technology to support the transformation of governmental public operations and services including judicial ones, with the aim of increasing efficiency, efficacy, and transparency, has spread all over the world, especially in the last four decades. This trend has existed in Egypt since the 1980s but without substantive efforts until the middle of the first decade of the current millennium. Since then, there have been several discussions, plans, and promises regarding the use of modern technology to enhance the effectiveness of judicial operations and services, especially in light of the increasing severe criticism directed towards the Egyptian …
Copyright And Creativity: Critiques Of The Us System And Possible Reform Strategy For Egypt, Dina Magdy El-Hussieny Selite
Copyright And Creativity: Critiques Of The Us System And Possible Reform Strategy For Egypt, Dina Magdy El-Hussieny Selite
Theses and Dissertations
The optimum goal of copyright is to maximize the production of creative works and innovations by balancing the benefits of the copyright owners and public users. This balance requires securing the rights of copyright owners to induce authors to produce their creations, while at the same time providing public users with regulated freedom to use copyrighted work to produce new creations and innovations. In this context, it is necessary to explore the problems of the copyright system and address them in the optimum way to achieve the goals of copyright. This paper analyzes the problems of the United States copyright …
On Fabric, Feminism And Faulty Legal Systems: Iran’S 1979 Revolution And Its Politics Of Touch, Zeena Amin
On Fabric, Feminism And Faulty Legal Systems: Iran’S 1979 Revolution And Its Politics Of Touch, Zeena Amin
Theses and Dissertations
The intersection of body and state is a fascinating phenomenon of modern-day politics. We are continuously subjected to the ingeniousness with which the ruling classes monitor and regulate our bodies; and most times we are not even aware of it. Whether it is for control over resources or political power and authority, the state uses its institutions and various tools available to it for the purpose of maintaining disciplined, uniform populations that could otherwise threaten prevailing power structures. In particular, the patriarchy has perpetuated the notion that a woman’s body is a specific threat to those prevailing power structures. This …
Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.
Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.
Theses and Dissertations
The Egyptian legal structure has long discriminated against women. Taking nationality law as an example, it is obvious that all consecutive nationality laws have ignored women’s right concerning passing on and acquiring nationality. Even after its amendment in 2004, major gender discrimination still exists. This is caused by the fact that the nationality law is only a part of the legal system. Consequently, its essence will not deviate from the patriarchal composition of the overall nature of the legal system. This paper argues that the existing forms of discrimination in the nationality law correlate with the broader legal environment. Hence, …
Indeterminacy Of The Best Interest Of The Child And Shari’A Rules In Custody Adjudications: Egypt Case, Hala Ahmed Nour El-Din
Indeterminacy Of The Best Interest Of The Child And Shari’A Rules In Custody Adjudications: Egypt Case, Hala Ahmed Nour El-Din
Theses and Dissertations
This thesis argues the rigidity of custody adjudications in the Egyptian Law owing to the indeterminate legal terms and Islamic rules that guide the decision-making process of custody cases. It also proposes reconsideration of the best interest principle’s guiding criteria and custody Shari’a presumptive rules in light of the subjective interpretation of the judges in custody related matters. The principle of best interest (BI) which is the prevailing guiding criterion in regulating all matters related to children, particularly in custody-related decisions. Even though the principle has been present in international law at the beginning of the 20th century, there is …
Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam
Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam
Theses and Dissertations
Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each …
Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan
Theses and Dissertations
Many societies now face the problem of hate speech. It has reached the level of a global problem. Many groups use freedom of expression to oppress other groups through using hate speech. The problem of hate speech represents a complex topic because it is interwind with the right of freedom of expression. However, international human rights law tries to combat the hate speech law in some treaties, such as the ICCPR and CERD, by offering rules to guide states constitutional courts in adjudicating these cases by limiting some of their absolute discretionary power in deciding these cases. These efforts have …