Law Commons^™

Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku

Theses and Dissertations

The overall purpose of the 1951 Convention Relating to the Status of Refugee (Refugee Convention) and its 1967 Protocol is to protect refugees fleeing persecution and threat to life. Established in the aftermath of World War II (WW II), Article 1. A(1) of the Refugee Convention centered the meaning and criteria for refugee protection on the circumstances of the War. Thus, the status of a refugee is framed from persecution feared or suffered “on account of” race, religion, nationality, political opinion, and membership in a particular social group. More than seven decades after WW II, the scope of the definition …

Combating Transnational Organized Crime In Thailand, Kiattisak Chanjana

Theses and Dissertations

Globalization is described as the removal of barriers to facilitate the movement of goods and funds across national borders. However, this phenomenon has also benefited transnational organized crime networks by providing them opportunities to create new markets for illicit goods and services or infiltrate businesses or governments. In addition, the nature of criminal activities has changed due to the actions of organized criminal groups that commit crimes in one state but carry out the majority of their preparation, planning, direction, and participation in another state. As a result, transnational organized crime activities have an effect on the criminalization and collection …

Current International Legal Measures For The Protection Of Children Used In Armed Conflicts: Recommendations For The Resolution Of The Problem, Elliot Bibaje

Theses and Dissertations

War is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.

Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children …

How General Data Protection Regulation Advances And Harmonizes The International Controller, Processor And Data Subject Contracts, Azam Zarechahoki

Theses and Dissertations

In the technology and digital era, data is used daily by all businesses including insurance companies, banks, and social media sites. Many companies are involved in processing individuals’ data and data could easily be transferred from one website to another which might be in another country. In fact, there are no borders in cyberspace. Generally, personal data refers to any information relating to individuals including name, address, and credit card numbers. In the cyber environment, it is challenging for people to take control of their personal information and avoid being tracked online. Data protection law is the safeguard to protect …

Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu

Theses and Dissertations

Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.

Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair justice …

Transnational Bankruptcy Under International Law: Making A Case For Establishing A Unified System, Yanjun Zhao

Theses and Dissertations

In recent years, there has been a rapid increase in transnational bankruptcy cases around the world. Taking the United States as an example, from 2005 to June 30, 2020, the U.S. bankruptcy court has accepted 1488 procedural cases under Chapter 15 of the U.S. bankruptcy Code. “Cross-border bankruptcy cases filed in the U.S. under chapter 15 of the Bankruptcy Code on behalf of foreign businesses doubled during 2020 and are on pace to set another record-breaking year in 2021 (with more than 123 filings in the first half of the year alone). Foreign debtors are increasingly looking to chapter 15 …

The Legal And Regulatory Aspect Of International Cybercrime And Cybersecurity: Limits And Challenges, Nnesochi Nweze-Iloekwe

Theses and Dissertations

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such …

Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe

Theses and Dissertations

The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …

A Comparative Study Of Copyright Protection In China And The U.S, In The Context Of U.S-China Trade Disputes, Lin Zhu

Theses and Dissertations

Intellectual property rights (IPR) are almost central subjects in US-China relations. The debates between the two countries over IPR protection have been more like an endless chess puzzle. It has become a popular topic to compare the two countries to gain a deep understanding of the legal differences and the reasons of disputes in this regard. To a certain extent, the two countries represent the future course of copyright development. Therefore, this paper attempts to compare the copyright legal system of the two countries by examining the historical development of foreign copyright protection, including domestic legislation and international conventions.

The Adoption Of A Harmonized Tax System And Tax Policy For Asean Tax Administration, Rady Lim

Theses and Dissertations

The purpose of this study will seek adoption of the Harmonized Tax System (HTS) and Tax Policy for ASEAN Tax Administration to reduce a tax burden to benefit taxpayers to promote a Consolidated Strategic Action Plan (CSAP) 2025 and beyond to accelerate AEC navigation. Therefore, the study of HTS has become interesting in the context of driven legal framework of existing tax cooperation to achieve its goal. However, a policy formation of rules-based ASEAN tax system has not been adopted due to a lack of trustworthiness, confidence, and unity dealing with tax consequences to set a harmonized tax policy system …

Human Rights In The Context Of Sustainable Development, Kuruvilla Mathen

Theses and Dissertations

The conceptual framework of “Sustainable Development,” with its three dimensions of economic growth, social development, and environmental protection, represents the result of several significant and far-reaching initiatives. On September 25, 2015, the United Nations General Assembly adopted Resolution A/RES/70/1, “Transforming Our World: the 2030 Agenda for Sustainable Development.” Resolution A/RES/70/1 propounded seventeen “Sustainable Development Goals (SDGs) and 169 targets,” with a planned implementation date of 2030.

This study examines issues of sustainable development. It presents arguments that the framework of sustainable development, in its economic, social, and environmental dimensions, encompasses legally cognizable human rights, grounded in provisions and principles of …

Impact Of The “War On Terrorism” On Development Of International Criminal Law, Ayser Alhelme

Theses and Dissertations

This research elucidates international terrorism by reviewing the stages of sociological analysis of terrorism, and by analyzing its theoretical framework. This research traces the historical development of the prevailing uncertainty by which it is characterized. Implications on global security leads us to study international legal development to counter international terrorism that has engulfed entire human societies. The objectives include highlighting international terrorism, and the counter-terrorism measures on part of the international community as it develops international criminal law to handle the problem.

Corporate Compliance In International Technology Licensing, Homa Badamchi

Theses and Dissertations

According to the U.S. Congress, it can be inferred that "In general, the process of commercializing intellectual property is very complex, highly risky, takes a long time, cost much more than you think it will, and usually fails.”

This quote from the Congressional Committee on Science and Technology is validation on how complex commercializing intellectual property protected technology and transferring it is. International businesses are required to comply with a vast range of domestic and foreign laws and regulations when transferring or licensing their technology. A key concern is how the achieved technology would be used elsewhere and the responsibility …

The Effect Of Culture And Religion On Enforcement Of International Arbitration Awards In Iran, Atoosa Zeinali

Theses and Dissertations

My goal in this dissertation is to explore some of the rules of Sharia with regard to the arbitration and reduce this level of non-recognition of the Islamic legal system by the West. Also, I am going to analyze the Iranian culture and its effect on enforcement of international arbitration awards and suggest some solutions to reduce the cultural obstacles m the enforcement of foreign arbitration awards.

Re-Assessment Of Acts Of Piracy Under Contemporary International Law With Particular Reference To Activities Of Somali Pirates, Nutcha Sukhawattanakun

Theses and Dissertations

In this work, I present a range of guidance aimed at addressing maritime security which concerns Somali piracy and armed robbery against ships; this includes guidance to governments, ship owners and ship operators, shipmasters and crews on preventing and suppressing piracy and armed robbery against ships; investigation of offences and the use of armed personnel should be granted and enacted into law which are binding on all state parties internationally and regionally. These recommendations should promote the development of the international shipping industry, and bring peace to the Gulf of Aden.

Assessing The Efficacy Of African Boundary Delineation Law And Policy: The Case Of Ethio– Eritrea Boundary Dispute Settlement, Lantera Nadew Anebo

Theses and Dissertations

Africa is poor in the midst of plenty. Though multiple causes and reasons may be claimed for Africa’s shrinking state of development, disruptive effects of colonialism takes forefront. Present-day Africa is literally free but colonial footprints are still apparent in the borderlands. The study pinpoints how natural borderline development was thwarted by the infamous Berlin Conference of 1884 -1885. As result, people, ethnic groups, nations and nationalities have been disintegrated. Ethnic disintegration and arbitrary colonial boundaries lines have been source of unavoidable intra and inter state conflicts in Africa. Ironically, in fear of opening “Pandora’s Box” that would further unlock …

Why Immigrants Benefit The United States Economy And The Legal And Tax Issues Chinese, Filipinos And Vietnamese Face When Immigrating To The U.S., Marc Santamaria

Theses and Dissertations

This comprehensive study in U.S. immigration law examines its interactions with many relevant and significant laws and issues that affect immigrants. This study argues that immigrants benefit the U.S. economy because of their improvement on labor competition, contribution to the technology and science fields, and direct and indirect creation of jobs. This study draws upon scholarly research that proves immigrants help wages in their respective regions grow at high rates. The next question then turns to how immigrants can move to the U.S. through certain visas, and this study has a special focus on employment and investor visas. These are …

On The Development Of The Law Of Self-Determination From External To Internal Aspects, Vadim Anatolyevich Godorozha

Theses and Dissertations

The crisis within international law of self-determination cannot be ignored. This dissertation analyses and discusses the reasons for the crisis which are: the lack of analysis of the correlation of legal doctrines with doctrines of social science; a general absence of analysis of the changes occurring within contemporary international law due to the changes of doctrines of social science (particularly on the topics of the subjects of international law, and on the law of self-determination and recognition); a lack of analysis of the new laws within a context of rapid social development; and finally, the absence of a development of …

Deterring Corruption Through Tax Reform: The Case Of Thailand, Benjamas Junyarungruang

Theses and Dissertations

This study will examine how a modification to Thailand’s Real Property Tax and Capital Gains Tax systems, along with the implementation of a Death Tax scheme will provide the needed resources to help support the economic function of government in Thailand and help mitigate the widening economic disparity among the social classes. A major reform in Thailand’s tax system will create more benefits, provide resources and opportunities, and assist in reducing or (even completely) eliminating the motivation of Thailand’s working class to engage in acts of corruption. If we stop corruption from the “bottom” of Thailand’s social class by removing …

The United Nations Security Mechanism And Africa: Challenges And The Way Forward, Nebiyou Dagne Tessema

Theses and Dissertations

The dissertation will, therefore, examine the evolving concept of security; the security mechanisms of the UN, AU and the African sub-regional organizations and their respective mandates in the maintenance of peace and security in Africa; assess the state of security in the continent; identify the key factors for the deterioration of the security situation in the continent; evaluate the effectiveness of the existing international security mechanisms in overcoming this dangerous trend; identify the key challenges and drawbacks in the present global security system; and suggest some recommendations on the way forward to meet the security challenges of the African continent …

A Re-Assesment [Sic] Of The Effectiveness Of Oau (Au) Conventions On Preventing And Combating Terrorism, Chinyere Christiana Okpala

Theses and Dissertations

Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism Laws in existence. Africa has a union, known as African Union (AU), comprising of all independent States in Africa, except Morocco. This AU has a well known anti-terrorism Law known as 'OAU Convention on Preventing and Combating Terrorism, 1999 and other national anti-terrorism laws in existence in its Member States nations. Despite all these anti-terrorism laws, including Plan of Actions for the Prevention and Combating of Terrorism, Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase …

A Structural Comparison Of African Union [Au] And Organization Of American States [Oas] Through The Lens Of Conflict Management And Human Rights, Samuel Bamidele Akingbulu

Theses and Dissertations

It will be ideal here to trace the African history and political development to uncover some of the foundational elements of the major problems confronting Africa. The most conspicuous symptom of Africa's afflictions is its slow development-economically, socially and politically. Moreover, this issue is underscored by Africa's long-enduring platform of compelling concerns: lack of long-term unity and consistent application of agreed policies among member countries and their leaders; high-scale conflicts; environmental problems; corruption and governmental mismanagement. It is my belief that these unresolved matters markedly impede the AU's ability to perform its objectives for a more unified and advanced Africa. …

A Comparative Analysis Of Scotland And The United States’ Alternative Dispute Resolution Systems, Catherine Cary

Theses and Dissertations

It is perhaps fair to suppose that before the earliest civilizations began, humans have traded or exchanged goods and services to either supplement what they possess, or acquire what they could not get through their own efforts. As is the case today, these exchanges often required entering into dealings that could inevitably prove contentious; thus, like all human relationships, disagreements often arose concerning the subject matter of agreements, and what was meant by certain terms of the agreement. Therefore, the question arises: how can such disagreements be resolved in a manner that is fair to all involved, and perhaps preserve …

Development Of A Commercial Arbitration Hub In The Middle East: Case Study -- The State Of Qatar, Aida Maita

Theses and Dissertations

International Commercial Arbitration is quickly becoming the method of choice for dispute resolution by States and corporations around the globe. This Dissertation analyzes and discusses the development of arbitration in the Middle East with the major focus on the State of Qatar (hereafter, also “Qatar”) as a case study. It will study the rise and development of International Commercial Arbitration as it is conducted in Qatar in relation to other regional jurisdictions such as Bahrain, Dubai in the United Arab Emirates (UAE), and Egypt. These States have been emerging as regional powers in attracting International Commercial Arbitration in the Middle …

Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish

Theses and Dissertations

This doctoral dissertation examines and studies the protection of women rights under International Humanitarian Law, (also “IHL”) within the context of the social, cultural and political and political conditions with particular reference to the women of Iraq and Palestine. Women in these two countries have suffered unparalleled difficulties that have been afflicted upon them by conditions of war. For a long period in the history of those countries, women as indispensable managers of their families have had to contend with varying challenges necessitating protection under international humanitarian law. This is even more required during periods of war and armed conflicts. …

The Hashemite Kingdom Of Jordan’S Legal, Economic And Fiscal Empowerment Through Commerce And Active Trade Agreements, Thouqan Makableh

Theses and Dissertations

This dissertation analyzes whether international trade agreements, to which the Kingdom of Jordan is a party, and its legal framework, along with economic policies, have an impact on Jordan's organization of economic activities, particularly with respect to patterns of international trade. This dissertation further analyzes whether Jordan's commitment and subsequent policies to increase its economic growth are important determinants of its comparative advantage in the region, and researches whether the policies implemented to build international trade actually lead to an efficient, growing, and sustainable economy.

This dissertation takes a close look at all those aspects of economic, financial, and commercial …

Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena

Theses and Dissertations

Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.

Public policy is a concept that is …

Service-Oriented Foreign Direct Investment: Legal And Policy Frameworks Protecting Digital Assets In Offshoring Information Technology (It) - Enabled Services, Tilahun Mishago

Theses and Dissertations

This thesis examines challenges caused by global cyberspace, which continues to undermine the ability of regulatory instruments aimed at cyber security and deterring cybercrime so that digital assets including those associated with Foreign Direct Investment (FDI) are protected. Progress in information and communication technology (ICT) has brought about both challenges and opportunities for mankind. While ICT has enabled seamless communication on cyberspace, it has also made every phenomenon, positive or negative on cyberspace possible. The good side of ICT is the endless opportunities provided to harness multiple features and capabilities of associated technologies while its side effect being the enormous …

Mismanagement Of Emerging Stock Markets: Analysis Of The Role Played By "Legislative Infidelity" - A Norm Of Int'l Economic Jurisprudence - In The N8.1tn ($60bn) Crash Of Nigeria Stock Market, Collins U.C. Ikebudu

Theses and Dissertations

The crash of Nigeria stock market which occurred between 2008 and 2009 was unusual. Events that preceded the crash, misconducts of market operators and regulators before, during, and after the crash, the reckless hypes and spins that generated lots of frenzied trading leading to the astronomical rise of Nigeria stock market to number one position in the world, and the synchronization and magnitude of the crash that followed - all exhibit signs of organized scheme.

Thanks to the English Bubble Act of 1720 with which South Sea Corporation precipitated a one hundred and five years securities fraud in Britain, the …

Extended Producer Responsibility (Epr): An Alternative Solution To Regulate The International Electronic Waste Trade, Tiptira Rammaniya

Theses and Dissertations

This dissertation examines the problems associated with the transboundary movement of electronic waste (e-waste), a term that refers to end-of-life or discarded electrical and electronic equipment. These problems occur mostly in developing countries where proper facilities and technology for environmentally sound management of e-waste are not sufficiently available. The Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal is the only existing international treaty governing the electronic waste trade. However, the Basel Convention, which employs the Prior Informed Consent (PIC) procedure as a control system, exempts electronic assemblies destined for direct reuse, repair, refurbishment, …