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Articles 1141 - 1170 of 2943

Full-Text Articles in International and Area Studies

The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes Sep 2019

The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes

Dissertations, Theses, and Capstone Projects

After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920, …

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The Theoretical Foundations Of Judicial Review In Singapore, Wei Yao, Kenny Chng Sep 2019

The Theoretical Foundations Of Judicial Review In Singapore, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

Thetheoretical foundation of judicial review of administrative action has been thesubject of fierce debate among English scholars: the source jurisdiction ofmuch of public law in Singapore. In contrast, there is comparatively littleattention paid to the question of the particular theoretical foundations ofjudicial review in Singapore. Indeed, there is an inclination in Singapore caselaw and academia towards importing English theories of judicial review. Accordingly,this paper aims to contribute to the formulation of a proper theoreticalfoundation for judicial review in Singapore. It argues that with a proper understanding of the competing Englishtheories of judicial review, it will be apparent that they are …

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Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan Sep 2019

Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan

Research Collection Yong Pung How School Of Law

A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …

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Taxing "All Other Income" In Singapore And Malaysia, Vincent Ooi Sep 2019

Taxing "All Other Income" In Singapore And Malaysia, Vincent Ooi

Research Collection Yong Pung How School Of Law

Section 10(1)(g) of the Singapore Income Tax Act is a ‘sweeping-up’ provision which catches all income not falling under sections 10(1)(a)–(f). More than 50 years after its introduction, the application of section 10(1)(g) is still unclear despite the test laid out in IB v CIT. This article notes that the current jurisprudence is limited to cases involving gains or profits from the disposal of assets. It argues that the reliance on the Australian Myer Emporium test in IB v CIT was misplaced and that the section 10(1)(g) test should not have a sole focus on intention. Rather, it proposes a …

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How To Address The Ai Governance Discussion? What Can We Learn From Singapore’S Ai Strategy?, Nydia Remolina Leon, Josephine Seah Aug 2019

How To Address The Ai Governance Discussion? What Can We Learn From Singapore’S Ai Strategy?, Nydia Remolina Leon, Josephine Seah

Centre for AI & Data Governance (2019-2025)

The following research piece explores how Singapore is addressing the AI Governance discussion. First, the document broadly provides some background to the Singapore’s AI strategy; second, it explains exactly what the Model AI Governance Framework is and how Singapore is addressing the AI Governance discussion; third, it compares Singapore’s approach with other jurisdictions’ and how important it is to contribute to the international debate on AI governance; and fourth, the document mentions some challenges ahead and observations on what is missing from current conversations about AI.

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The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter Jul 2019

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …

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Turkish Domestic Actors’ Role In Foreign Policy Making: Case Of Turkey – Krg’S Strategic Bilateral Partnership, Luerdi L Jul 2019

Turkish Domestic Actors’ Role In Foreign Policy Making: Case Of Turkey – Krg’S Strategic Bilateral Partnership, Luerdi L

Global: Jurnal Politik Internasional

This paper aims to describe the role of Turkish domestic societal actors in the state policy making in the case of strategic bilateral partnership between Turkey and the Kurdistan Regional Government (KRG); a quasi state within the Iraqi federal state. The rareness of literature describing domestic forces within Turkey and the consequence for the state’s policy in building a strategic partnership with the KRG was the gap that this research would be expected to narrow. The paper argues that Turkish domestic actors like the individual, the Justice and Development Party (AKP), the Turkish military and business people had an important …

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Kashmir As A Symbol Of Pakistan: Why Violence In Kashmir Never Stop?, Wonjune Hwang Jul 2019

Kashmir As A Symbol Of Pakistan: Why Violence In Kashmir Never Stop?, Wonjune Hwang

Global: Jurnal Politik Internasional

Kashmir has been a 'powder keg' in South Asia. In this region, India and Pakistan waged three all-out wars and numerous skirmishes. Kashmir has been occupied separately since 1947, but still, both sides claim the other’s occupation is illegal. Muslim Kashmiris, who are allegedly supported by Pakistan, continuously commit terrorist acts, and in return, Indian officials in Jammu and Kashmir violently suppress demonstrations and commit human right violations. After 9/11 in 2001, terrorists have become demonized and pardonless. This article focuses on analyzing the sources of violence and Pakistani intervention. The idea of this article is theoretically based on Volkan's …

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Islamic State In Iraq And Syria (Isis) And Its Impact In Indonesia, Fredy B.L. Tobing, Erwin Indradjaja Jul 2019

Islamic State In Iraq And Syria (Isis) And Its Impact In Indonesia, Fredy B.L. Tobing, Erwin Indradjaja

Global: Jurnal Politik Internasional

This paper presents a historical and qualitative study to examine the rise of the Islamic State of Iraq and Syria (ISIS) as a force in international politics and its impacts on the dynamics of violent extremism threat in Indonesia. The rise of ISIS was a turning point from the nascent progressive shift toward democratization in the Arab world represented by the “Arab Spring,” and its influence has spread beyond Syria and Iraq to threaten regional and global security. Like in other countries in the Islamic world, Indonesian society and politics have been significantly affected by the activities of ISIS. In …

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From Rivals To Partners: Constructing The Sino-Indonesian Strategic Partnership, Gatra Priyandita Jul 2019

From Rivals To Partners: Constructing The Sino-Indonesian Strategic Partnership, Gatra Priyandita

Global: Jurnal Politik Internasional

This study is an inquiry into the use of strategic partnerships as an instrument of diplomacy in Indonesia. Strategic partnerships have become a key fixture of Indonesia’s omnidirectional foreign policy in the post-Suharto era. However, the rationale behind the formation of strategic partnerships for Indonesia’s strategic interests, as well as the process behind its formation, remain understudied. This paper seeks to fill this gap in the literature by examining how Indonesia utilizes its strategic partnership to engage China. Using Wilkins’ analytical framework for the study of strategic partnerships, this study finds that Indonesian policymakers have used strategic partnerships as instruments …

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Indonesian Policy In Ratifying The 2015 Paris Agreement, Haekal Siraj Jul 2019

Indonesian Policy In Ratifying The 2015 Paris Agreement, Haekal Siraj

Global: Jurnal Politik Internasional

The 2015 Paris Agreement requires all participating countries to reduce emisson level. Indonesia as Non-Annex I accepted the norms of the 2015 Paris Agreement by ratifying this agreement. Meanwhile, Indonesia's emissions level continues to increase due to the rate of deforestation and forest degradation in Indonesia which ranks highest in the world. This study aims to analyze Indonesian policy in ratifying the agreement by using the Constructivism Perspective in explaining the International Regime and the Concept of Norm Influence by Finnemore and Sikkink. The study uses qualitative methods with explanatory designs. Data collection techniques are sourced from secondary sources as …

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Celac: Mexican Foreign Policy Interest On Latin American And Caribbean Regionalism, Demeiati Nur Kusumaningrum Jul 2019

Celac: Mexican Foreign Policy Interest On Latin American And Caribbean Regionalism, Demeiati Nur Kusumaningrum

Global: Jurnal Politik Internasional

La Comunidad de Estados Latinoamericanos y Caribeños (CELAC) was initiated in 2011 as a forum for dialogue and consensus between Latin American and Caribbean governments where it forms a trading block that excludes the United States and Canada. The US objected to the establishment of CELAC which seemed to challenges the former regional organization (OAS). This paper aims to analyze the considerations of the Mexican government to join CELAC in the midst of mutual agreement with US and NAFTA. Theory of formulation of foreign policy is used to answer the sources of political consideration of the Mexican government. It is …

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Foreword Jul 2019

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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Table Of Contents Jul 2019

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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Dedication Jul 2019

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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Masthead Jul 2019

Masthead

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks Jul 2019

The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie Jul 2019

Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo Jul 2019

Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii Jul 2019

It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii

Penn State Journal of Law & International Affairs (2012 - Present)

“‘Do not try to do too much with your own hands.’”

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Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq. Jul 2019

Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq.

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova Jul 2019

“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova

Penn State Journal of Law & International Affairs (2012 - Present)

During the 1990s, many Russian non-governmental organizations (“NGOs”) secured foreign funding and participated in transnational advocacy networks. However, in the early 2000s, Russian authorities attempted to regain control over foreign-funded NGOs’ activities, presenting these NGOs as national security threats. The 2012 Russian Foreign Agents Law and the resulting 2018 challenge before the European Court of Human Rights reflect contemporary Russian political rhetoric that views Western governments and their agents, including NGOs, as threats to Russian sovereignty and national security. However, legal challenges also de-politicize the issues by forcing all parties into the framework of legal argument, reflecting the decline of …

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Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D. Jul 2019

Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D.

Penn State Journal of Law & International Affairs (2012 - Present)

Past studies argue that states abide by international human rights laws because the ratification of human rights treaties elicits public demand for compliance. Yet, the extent to which human rights treaties affect public support for compliance is unclear. At times, legalization of norms seems to elicit substantial public support for compliance, but at other times, legalization seems to have little effect. This study incorporates the life cycle of norms to arrive at a deeper understanding of the conditions in which international legal commitments to human rights generate public support for compliance with human rights norms. Using a series of survey …

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School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University Jul 2019

School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University

SMU Corporate Reports

The Annual Report highlights the School of Law’s modest achievements and developments over the past year, as well as the substantive impact of these initiatives.

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Rafi & Patra, Rafi, Patra, Tsos Jul 2019

Rafi & Patra, Rafi, Patra, Tsos

TSOS Interview Gallery

Rafi and his family have been stuck on the border between Greece and Macedonia for almost four months. They made their way from Afghanistan, received certificates in Greece to help them on their journey, but were then stopped at the border of Macedonia. The Macedonians said that they were no longer allowing Afghans into their country. Now all they can do is wait and hope. In Afghanistan,Rafi was a military man. As a young man, he was a part of the Revolution army, but later was made a soldier for the Government Security of Kabul. During that time, he was …

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Singapore, Tan K. B. Eugene Jul 2019

Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Singapore Government recognises and is committed to legal aid as an integral part of access to justice. Sixty years ago in 1958, Singapore was the first country in Southeast Asia to enact a legal aid scheme, which provided for the establishment of the Legal Aid Bureau (LAB) to provide civil legal aid to persons of limited means. Over the course of independent Singapore’s history, legal aid as part of the overall access to justice has broadened significantly. Members of Parliament make regular calls for more people to qualify and receive government-funded legal aid. The government regards access to justice …

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Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan Jul 2019

Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan

Research Collection Yong Pung How School Of Law

It is trite that the law on directors' duties is an important part of corporate governance. It is therefore unsurprising that a large part of extant research in the area is focused on understanding what the law requires, and how it applies or should apply in any particular situation. Such research is however largely reactive. In our research, we set out to look at duties from the perspective of the directors, with a view to appreciating how Singapore directors understand the law as it applies to them. The impetus for this is three-fold: First, to assess the depth of awareness …

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Compensating Regulation Of Land: Uk And Singapore Compared, Seng Wei, Edward Ti Jul 2019

Compensating Regulation Of Land: Uk And Singapore Compared, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

The paper aims to analyse and compare how UK and Singapore deal with compensation with respect to regulation of land (short of a physical taking). The purpose is to determine whether the non-compensation in each jurisdiction is justified. A comparative method using case law, statutes and secondary material across both jurisdictions (as well as some US case law) is adopted. Both the UK and Singapore do not provide compensation when land is affected by regulation, so long as a physical taking has not occurred. Partly because of the abolition of development rights in the UK since 1947, this position may …

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Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son Jul 2019

Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son

Research Collection Yong Pung How School Of Law

How have Asian nations conducted, or how are they conducting, constitution-making in the face of pressures associated with globalization, and how do they balance those forces with domestic interests and realities? This article aims to develop an analytical framework that can capture this global-local interplay. It introduces the concept of “glocalized constitution-making” to denote the co-existence and relationship between the two governance levels as manifested in the forces, actors and norms pertaining to the process of drafting a new constitution as well as its substance. Glocalization permeates the entirety of a constitution-making episode, from the impetus to initiate the process, …

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The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee Jul 2019

The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee

Research Collection Yong Pung How School Of Law

In April 2018, Hong Kong issued new listing rules to introduce the dual-class share structure, also known as weighted voting rights (WVR), under which a special class of shareholders’ voting rights are conferred disproportionately with respect to their equity interest. The WVR was used in Hong Kong in the 1980s but was banned in 1989. The debate on the WVR was rekindled by the Alibaba event in 2013. The WVR structure has benefits and costs. Thus, Hong Kong lays down relevant supporting mechanisms, including entry requirements, disclosure requirements and safeguard requirements. The WVR regime in Hong Kong appears to be …

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