International and Area Studies Commons^™

Myanmar- A New Law For A New Era, Mahdev Mohan

Research Collection Yong Pung How School Of Law

On 5 January, Myanmar’s parliament enacted the Arbitration Law 2016 – Union Parliament Act No. 5 of 2016 – which repeals and replaces the Myanmar Arbitration Act 1944 and represents an important step forward in creating a legal environment that is attractive for investment and commerce.

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Civil Liberties And Rights, Equality And The Quality Of Democracy In Greece, Constantine Danopoulos

Faculty Publications

Good quality democracy is considered one that provides its citizens with a high degree of personal freedom, political equality, and popular control over policies and public officials through the legitimate and lawful functioning of stable institutions. It is assessed through an interrelated and interconnected three dimensional scheme: procedure, content, and result. Procedure refers to the quality of governance and is assessed through the rule of law, participation, competition, and government accountability. Result involves citizen satisfaction with the quality of governance. Content is concerned with two key components: individual liberties and political and social equality. This paper will assess the quality …

Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threats from ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by an elder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the …

Bilal, Bilal, Tsos

TSOS Interview Gallery

Bilal was 23 years old when he drowned in Greece. He was cheerful, intelligent, and full of energy.

He was a journalist in Afghanistan who received a death threat from the Taliban. His family decided that he should flee the country alone for survival since they couldn’t afford for the whole family to go.

He escaped from the camp in Moria by finding a hole in the fence. He outran the police, found a ship in port, and jumped on it as it was leaving. He later had 10 unsuccessful attempts to leave Greece for Germany. He was caught by …

Zurvan, Zurvan, Tsos

TSOS Interview Gallery

Zurvan and his family had a good life in Afghanistan. He worked as a clerk in a spice shop. After doing business with a foreign company, the Taliban threatened him with death. To escape this threat, he and his family escaped to Iran and hired a smuggler to get them to Turkey. From there, they traveled to Greece in an overloaded boat. They have been living in a camp in Greece, stuck in limbo, ever since. Zurvan feels hopeless, like everyone in the camp is being treated in an inhumane manner. He also feels guilty for bringing his children into …

Aarash, Aarash, Tsos

TSOS Interview Gallery

As an anti-corruption journalist in Afghanistan, Aarash’s family’s life was threatened by warlords. His car was shot at, their guesthouse was bombed, and later when they were threatened at gunpoint, they tried to make a new life in India. But in India, they discovered difficulties in obtaining permanent visas so they had return to Kabul where they hid at a friend’s house for 20 days while obtaining documentation to flee to Turkey. Once in Turkey, they learned that Afghan registries had been closed since 2010. They determined that they needed to either apply for asylum in Turkey or leave for …

Idiris, Idiris, Tsos

TSOS Interview Gallery

Idiris is an 18-year-old Somalian refugee now living inUtah. He describes his life, mentioning that he only lived in Somalia for six years then moved to Ethiopia, where he stayed for seven and a half years.His life inEthiopia was peaceful and happy in comparison to Somalia, where Idiris and his family witnessed continuous violence. Idiris’s father eventually learned of the opportunities and education available in America and decided to move his family there for a better life, leaving behind family and friends. Coming to America, Idiris and his family did not know what their new home would be like. They …

The United Nations: The Syrian Refugee Crisis, Zahra R. Syed

Honors Undergraduate Theses

The main objective of this research paper is to analyze the international effects the Syrian Conflict has had to the global community. The United Nations High Commissioner for Refugees has declared this conflict to be the worst humanitarian crisis of our time. Millions of Syrians have fled their home country to avoid unjust persecution and are looking to not only neighboring countries, but the European Union for assistance in resettlement.

Since the outbreak of the conflict in Syria in 2011, more than 220,000 people have been massacred, leaving fifty percent of the population in unrest due to home displacement. According …

Salman, Salman, Tsos

TSOS Interview Gallery

Salman and his family are from Afghanistan, where he worked as a doctor. He worked for fifteen years for a mining institute, and before that he worked in various hospitals with Americans and Germans for another combined 15 years. The family ran into problems with the Taliban, who threatened violence if he didn’t close his drugstore. During that same time, his son witnessed a suicide bombing at his school. Their daughter was forced to abandon her education when the Taliban poisoned the water at her school. They fled in attempts to live a normal life again and escape the threats …

Emal, Emal, Tsos

TSOS Interview Gallery

Emal was a gate security guard in the Afghan army and a supplier for American forces at the airport. Before leaving Afghanistan, Emal was kidnapped by Daesh, beaten, thrown into a pile of bodies, and left for dead. He woke up weeks later in hospital with adent in his skull, brain damage, and mental/emotional problems. When he was able, Emal fled with his wife and six kids, but they travelled with smugglers in separate cars and got separated. Iran police deported his wife and children back to Afghanistan. Emal continued on and eventually made his way to Oinofyta refugee camp …

Fawad And Zakeela, Fawad, Zakeela, Tsos

TSOS Interview Gallery

Fawad and his wife, Zakeela, have three children. Zakeela was a beautician, and Fawad was a singer in the Baghlan district in Afghanistan. The music he produced was not in accordance with the strict restrictions of the Taliban. They threatened his life and assaulted him many times, so he decided to leave with his family to Kabul. Fawad’s day job was as an FM radio producer; at night, he moonlighted as a singer and musician. He produced music for ceremonies and weddings, often performing for the women’s part, which the Taliban did not accept. Eventually, his life was again threatened, …

Faroosh And Elina, Faroosh, Elina, Tsos

TSOS Interview Gallery

Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …

The Politics Of Mental Health: A Comparative Study Of Policy Adoption And Implementation In Germany And Japan, Luis Diego Campos

Honors Undergraduate Theses

In the aftermath of World War II, the Liberal Democratic Party of Japan followed Germany’s blueprint in fashioning a universal health coverage system. Comparisons to Germany’s welfare state during this same time period reveal markedly different social and mental health policy practices, as Germany’s Christian Democratic Union and Social Democratic Party cooperated toward progressive policies while the Liberal Democratic Party largely neglected social welfare expansion. The effect of these practices is reflected in budgetary provisions, institutionalization practices, and mental health epidemiology. This research finds that a favorable economic climate allowed the Liberal Democratic Party to politically isolate the Social Democratic …

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …

Call For Papers 2017: The Social Practice Of Human Rights, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

The University of Dayton Human Rights Center invites proposals from scholars, practitioners, policymakers, and advocates on a broad array of human rights topics. The Center welcomes both theoretical and applied research proposals that capture important trends in human rights scholarship and research. We encourage the submission of individual papers, complete panels, roundtables, workshops, and practitioner presentations, as well as interdisciplinary and scholar-practitioner collaborations.

To submit a paper or proposal, see the conference's section in the repository: http://ecommons.udayton.edu/human_rights/

No U-Turn Needed On The Elected Presidency, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Associate Professor of Law Eugene Tan cited the commentary "Let's talk about policy failures and the elected presidency" by Professor Kishore Mahbubani, where the latter argued that Singapore’s policy of an elected presidency should be revisited, and perhaps "the time has come to do a U-turn", stop having direct elections and go back to the previous practice of having Parliament elect the president. While Associate Prof Tan noted that Prof Mahbubani's concern is legitimate, he emphasised that the way forward is not a U-turn, but rather, a collective effort to determine how we can reduce the likelihood of electing …

Corporate Reorganisation Of China’S Listed Companies: Winners And Losers, Zinian Zhang

Research Collection Yong Pung How School Of Law

This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme issued …

Why Foreign Policy Principles Persist: Understanding The Reinterpretations Of Japan’S Article 9 And Switzerland’S Neutrality, Yuki Numata

Pomona Senior Theses

This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the …

The Illegality Defence In Corporate Law Claims Against Directors And Officers, Wai Yee Wan

Research Collection Yong Pung How School Of Law

If a company incurs substantial fines or other pecuniary losses as a result of its unlawful conduct, can the company obtain an indemnity from its director/officer for having caused the company to incur such fines and losses? In particular, can the director/officer utilise the defence of illegality, notwithstanding that he has breached his duties owed to the company? The illegality defence, which raises the twin issues of the relationship between the unlawful act to the corporate claim and the attribution of the unlawful act to the company, has been the subject of detailed analysis recently in England, Singapore and Hong …

The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …

The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Court Alternative Dispute Resolution (“ADR”) has its origins in a 1994 pilot project in the Subordinate Courts (as it was known then) to have selected District Judges assist in resolving civil disputes using ADR processes. Within two decades, Court ADR has been extended to the entire gamut of cases filed in court, including civil claims, minor criminal offences and family disputes. Court ADR services, which have been known as “Court Dispute Resolution”, have become integral to the delivery of justice in the State Courts. As the Honourable The Chief Justice Sundaresh Menon has observed, ADR has been promoted as the …

Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang

Research Collection Yong Pung How School Of Law

This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme issued …

A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The proposed changes to the political system continue the Government’s narrative that political reforms ought to enhance Parliament’s representativeness and increase Singaporeans’ civic participation. They reinforce the Government’s abiding belief that the political system must produce a Government with a clear mandate, demonstrated through a strong parliamentary majority, for it to govern resolutely and decisively in the long-term interests of Singapore.

Much On The Agenda In New Term Of Parliament, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan highlighted several key issues as President Tony Tan Keng Yam opens the 13th Parliament’s five-year term tomorrow, which include the challenges facing the fourth generation (4G) leaders, the role of the Worker’s Party, as well as the critical issues for Parliament to tackle. Associate Prof Tan said that the 4G leaders will have to develop individual and collective identities and be able to win the confidence and trust of Singaporeans as the leadership transition substantially progresses further in the next few years. He noted that the critical issues for Parliament …

Going Beyond Exams In Educating A Nation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Today’s the start of the new school year for thousands of students in Singapore: A new beginning, especially for those transitioning from primary to secondary schools. School is such a significant part of our lives, especially in today’s knowledge-based economy.

China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim

Research Collection Yong Pung How School Of Law

Despite its rich metallic mineral resources on land,1 the People’s Republic of China (China) has been actively exploring for deep seabed minerals in the international seabed area (the Area).2 The legal framework is provided by the United Nations Convention on the Law of the Sea (LOSC).3 China and the Russian Federation are the only States currently sponsoring exploration of all three types of deep seabed mineral deposit in the Area (polymetallic nodules in the Clarion-Clipperton Fracture Zone, seafloor massive sulphides in the South West Indian Ridge, the Central Indian Ridge, and the Mid-Atlantic Ridge, and cobalt-rich ferromanganese crusts in the …

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

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

No abstract provided.

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

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

No abstract provided.