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Articles 1 - 21 of 21
Full-Text Articles in Law
Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Ila Study Group On The Role Of Cities In International Law City Report: Windsor, Christopher Waters
The Ila Study Group On The Role Of Cities In International Law City Report: Windsor, Christopher Waters
Law Publications
Windsor, Ontario is a border city. Windsor sits opposite Detroit, Michigan on the Detroit River, along the Canada-US boundary. Although this is a city report on Windsor, it is impossible to describe the border experience without the centrality of Detroit to Windsor’s self-perception or role in city diplomacy. The border region is integrated economically, culturally and through interpersonal relations. Despite these ties and the obvious potential for transnational sensibility, neither Windsor - nor its big cousin across the Detroit River - has sought a prominent role as international actors. The governance links between the cities are low-key and informal.
The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit
The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit
UAEU Law Journal
Arbitration as means of settling commercial disputes between parties of different nationalities has been a popular and successful alternative to national court proceedings. Moreover, arbitration allows the parties to choose the applicable law governing their agreement. International arbitral rules generally allow the parties to an arbitration agreement to choose the substantive law that will govern the dispute. 1 However, this right of choice of applicable law involves various elements, one of the most troublesome of which is the choice of substantive law to be applied in a given dispute. An arbitrator is bound to reach a decision in accordance with …
Criminalizing Terrorism Funding: "A Study In The Jordanian Legal System", Abdulellah Mohammed Alnawayseh
Criminalizing Terrorism Funding: "A Study In The Jordanian Legal System", Abdulellah Mohammed Alnawayseh
UAEU Law Journal
Terrorism Funds considered as modern issue which has been given an important attention by the international community in particular after the adoption of the international convention on the suppression of the financing of terrorism in 1999 and the security council resolution number 1373 dated 28 September 2001 which came after the 11th September attacks. This resolution has forced the UN members to criminalize terrorism funds and money laundry.
Jordanhas ratified this convention by adopting legislation number 83 in 2003, and criminized bank activities which are related to terrorist activities in paragraph 2 article 147 from the criminal code. This …
The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun
UAEU Law Journal
This research aimed to analyse the arbitration award in it's various natures to deal with the principle of resjudicate issue in the domestic arbitration, the foreign arbitration and the private international one. Also the research dealt with the exceptions to the principle in a comparative view, to focus finally on the possibility of considering an absolute effect of the principle besides the relative one.
The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa
The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa
UAEU Law Journal
The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …
The International Protection Of Water And Water Resources In Times Of Armed Conflict, Rokaya Awasharih
The International Protection Of Water And Water Resources In Times Of Armed Conflict, Rokaya Awasharih
UAEU Law Journal
International and non- international armed conflicts have witnessed the use of water as a weapon in order to reverse the battle balance by combating parties. Aggressive acts were turned towards water resources and its equipment. Therefore, dams, water reservoirs, and energy generation centres were attacked. Besides water resources were poisoned by throwing cadavers in rivers and lakes which has led to a number of dead. This latter has surpassed the one killed in fighting acts.
So we will try through this study to shed light on the protection systems designed for water and water resources during armed conflict. We will …
Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel
Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel
Duke Law & Technology Review
The 9/11 terrorist attacks brought on financial losses that caused insurers and Congress to reevaluate how the United States approaches terrorism risk coverage. Congress quelled concerns of insurers evading coverage of future terrorist attacks by enacting the Terrorism Risk Insurance Act in 2002. This Note considers the difficulties presented by the out-of-date language employed by Congress in 2002 and proposes amendments so that the Act more clearly covers acts of cyberterrorism, which are ever-growing in their destructive potential.
Internet Law, Taleb Hassan Musa, Omar Mahmoud Aamer
Internet Law, Taleb Hassan Musa, Omar Mahmoud Aamer
UAEU Law Journal
This paper aims to illustrate the basis of cyberspace law and its potential environment. Indeed, the laws governing the cyberspace are still premature at both national and international levels. This is due to the undefined nature of cyber borders that globalize the Internet in contradiction with the geographic borders. Hence, individual countries are losing part of their sovereignty as result of globalization of the internet to a point it is becoming a borderless space with no laws and regulations. This urges to agree on new international legislations to handle any acts that are not confined by geographical borders or any …
International Cooperation In Combating Modern Forms Of Maritime Piracy, Hanan Malaeb
International Cooperation In Combating Modern Forms Of Maritime Piracy, Hanan Malaeb
UAEU Law Journal
Maritime piracy has increased since 2008, posing a real threat to the international peace and security. Therefore, many voices criticized the international legal legislations related to maritime piracy and accused them of being incapable of dealing with this widening phenomenon, being very limited to a few articles contained in the United Nations Convention for the law of seas of 1982. That criticism necessitated to study all the international legislations related to piracy, which were issued before and after 2008. As a result, we noticed that all the international conventions related to the sea and the international resolutions issued by the …
The Crime Of Contempt Of Religions In International And National Laws, Dr. Jamal Barafi, Dr. Alia Zakaria
The Crime Of Contempt Of Religions In International And National Laws, Dr. Jamal Barafi, Dr. Alia Zakaria
UAEU Law Journal
The protection of the religious sanctities of the individual is not of lesser importance than the protection of his physical entity, because of the relation of these sanctities with his cultural and civilizational entity. There is no doubt that the constant increase of prejudice and abuse of these sanctities require the need to provide adequate legal protection for it. It is well known that the individual has the right, in principle, to choose freely his religious beliefs and practice it’s rituals, but this does not mean that this right is without restrictions and limitations.
Despite the numerous legal provisions that …
Fake News & International Criminal Law, Sara L. Ochs
Fake News & International Criminal Law, Sara L. Ochs
Saint Louis University Law Journal
In a decade defined by fake news, nations have weaponized disinformation to attack political, legal, and social systems throughout the world. Specifically, in recent years, government leaders have spread fake news about the International Criminal Court (“ICC”) in efforts to turn public opinion against the ICC and deter its attempts to investigate and prosecute controversial cases. Given the ICC’s reliance on state party cooperation, not only does this use of fake news hamper the Court’s likelihood of successfully prosecuting crimes that are of most concern to the international community, but it also promotes a version of history that denies victims …
Shifting Contour Of Data Sharing In Financial Market And Regulatory Responses: The Uk And Australian Models, Han-Wei Liu
Shifting Contour Of Data Sharing In Financial Market And Regulatory Responses: The Uk And Australian Models, Han-Wei Liu
American University Business Law Review
I. INTRODUCTION
Starting from Directive 2015/2366 on Payment Services in the Internal Market — known as PSD II in the European Union (EU) — countries across the world have or are contemplating a new framework to govern data sharing among different players in the financial market. “Open Banking,” as this trend is called, requires or encourages — depending on the regulatory models adopted in different jurisdictions — banks to share consumer-permissioned banking data with third parties securely, in a form that facilitates its use. The Open Banking initiatives have diffused from the EU, and the UK, to elsewhere. The current …
An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii
An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii
American University National Security Law Brief
No abstract provided.
Forced Arbitration And Regulatory Power In International Sport - Implications Of The Judgment Of The European Court Of Human Rights In Pechstein And Mutu V. Switzerland, Lloyd Freeburn
Marquette Sports Law Review
No abstract provided.
The Fsia And Cyberspace: Could Hact Be The Answer?, Ritika Malkani
The Fsia And Cyberspace: Could Hact Be The Answer?, Ritika Malkani
Catholic University Journal of Law and Technology
Under the non-commercial tort exception to the Foreign Sovereign Immunities Act (FSIA), a tort committed by a foreign state must occur wholly within the United States in order to trigger jurisdiction and liability in an American court. As such, cybercrimes which are committed abroad, even if targeted at and cause harm to U.S. citizens, fall outside this exception, leaving injured parties with no domestic avenue of redress. Potential solutions to closing this gap in the legal framework include the proposed Homeland and Cyber Threat Act (HACT), expansion of the FSIA's terrorism exception, or overruling the entire tort doctrine.
Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor
Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor
Honors Projects
This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …
Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Publications
As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …
Taxation Of The Digital Economy: Adapting A Twentieth-Century Tax System To A Twenty-First-Century Economy, Assaf Harpaz
Taxation Of The Digital Economy: Adapting A Twentieth-Century Tax System To A Twenty-First-Century Economy, Assaf Harpaz
Scholarly Works
This Article analyzes the tax challenges of digitalization and the potential solutions to address them. This Article argues in favor of a multilateral approach and proposes applying a new tax nexus based on market thresholds subject to a global de minimis amount. As more companies conduct business online, current international tax law and its principles have failed to adapt to global commercial practices. Digital-tech giants such as Facebook, Google and Amazon have been able to exploit the international tax framework by avoiding a physical presence in the jurisdiction of their consumers. As a result, profits of highly digitalized enterprises can …
How A Fisherman's Murder Revealed Morocco's Police Brutality And Ethnic Discrimination, Nora Elmubarak
How A Fisherman's Murder Revealed Morocco's Police Brutality And Ethnic Discrimination, Nora Elmubarak
Human Rights Brief
No abstract provided.