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Articles 2011 - 2040 of 2943

Full-Text Articles in International and Area Studies

Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski Apr 2013

Consequences Of The Arab Spring: How Shari’Ah Law And The Egyptian Revolution Will Impact Ip Protection And Enforcement, Stephen S. Zimowski

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

Egypt’s recent revolution sent shockwaves through the international community, and almost immediately political pundits began to ponder its effect on Middle Eastern stability. To date, post-revolution Egypt has struggled to regain its political stability and implement the democratic government its citizens demand. The eventual nature of the new Egyptian government will have a substantial impact not only on the region’s stability but also on international trade. As such, this comment will examine the likely impact of a new Egyptian regime on intellectual property rights and protections in Egypt. The comment explores the role of Shari’ah Law in lawmaking and Shari’ah …

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We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland Apr 2013

We Can Work It Out: Putting Our Best Foot Forward In International Higher Education Initiatives, Julie Rowland

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

A global economy requires globally competitive workers and global citizens.This need has generated supranational higher education initiatives through organizations such as the European Union and the Asia-Pacific Economic Cooperation. These initiatives promote student mobility across borders by harmonizing higher education systems between member nations. To demonstrate how the U.S. can become more involved in international higher education initiatives, this comment will first give an overview of the history of these initiatives globally. The comment explores the legal and soft governance mechanisms involved in international initiatives and the feasibility of their application to the U.S. A description of the structures of …

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2012-13 Jlia Masthead, Jlia Masthead Apr 2013

2012-13 Jlia Masthead, Jlia Masthead

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

No abstract provided.

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Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett Apr 2013

Mediation – Its Potential And Its Limits: Developing An Effective Discourse On The Research And Practice Of Peacemaking, Dennis C. Jett

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

This article looks at the various contributions to this issue of the Penn State Journal of Law & International Affairs. The contributors have analyzed the potential and limits of mediation, but have focused on a number of different aspects of that process. The analytic research relevant to conflict situations will be most useful, however, if the recommendations offered for how to bring conflicts to an end can actually be of use to practitioners in the field. The approach of this article is therefore to consider how policymakers might employ these recommendations as they pursue the goal of peace. It …

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Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld Apr 2013

Ethnic Conflict: An Organizational Perspective, Victor Asal, Jonathan Wilkenfeld

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

To talk about the behavior of others is to generalize especially if that behavior is perceived to be negative. As researchers who have studied ethnic discrimination and ethnic conflict for close to two decades, we have noticed, anecdotally at least, that this penchant for generalization is rampant in discussions of ethnic politics. Journalists and academics tend to talk about one or another ethnic group’s involvement in violence without specifying a political organizational agent. This kind of generalization is a serious obstacle to understanding conflicts and identifying solutions because it prevents policymakers and academics from getting at the messy reality of …

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When States Mediate, Molly M. Melin Apr 2013

When States Mediate, Molly M. Melin

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

Militarized conflict is one of the most devastating of all human activities. The international community’s response to conflict occurrence can significantly affect the number of casualties, the extent of resulting devastation and even the outcome of the conflict. State responses range from conflict management, whereby third parties actively engage in resolving the conflict; joining, whereby states become an additional disputant; or remaining uninvolved. One of the most common active third-party responses is to act as a mediator, a role using consensual, nonbinding and nonviolent means of conflict management and resolution. This paper explores the policy of state-led mediation, its strengths …

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The Politics Of International Arbitration And Adjudication, Stephen E. Gent Apr 2013

The Politics Of International Arbitration And Adjudication, Stephen E. Gent

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

Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of …

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Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley Apr 2013

Using The Right Tool For The Job: Mediator Leverage And Conflict Resolution, Kyle Beardsley

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

In international dispute mediation, a one-size-fits-all view of mediation may actually inhibit effective conflict resolution. Mediators must especially tailor the level of leverage to the needs of the situation. This essay first considers existing studies that have found both potential benefits and risks of heavy-handed third-party involvement as a conflict-management strategy. It then considers a few illustrative cases to demonstrate the importance of making sure that the tools of mediation fit the context. Finally, it concludes with a discussion of how sustained post-conflict peacekeeping and peacebuilding can reduce the risks of leverage in mediation.

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Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig Apr 2013

Intractable Syria? Insights From The Scholarly Literature On The Failure Of Mediation, J. Michael Greig

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

The conflict in Syria has been ongoing since March 2011, but to date has resisted third-party diplomatic efforts. This failure of mediation is despite the fact that numerous actors in the international system have interests both in Syria and the Middle East at large. The human toll of the conflict, which has produced large numbers of civilian casualties and considerable human suffering, creates even deeper urgency for effective conflict management in Syria. In this paper, I apply insights drawn from the scholarly literature on conflict management and civil wars to the Syrian conflict to explain why mediation efforts have thus …

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Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham Apr 2013

Who Should Be At The Table?: Veto Players And Peace Processes In Civil War, David E. Cunningham

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

Civil wars contain a set of actors that have the ability to block settlement and continue the war on their own. When they contain more “veto players,” conflicts are much longer and negotiations are more likely to break down. The rate of success of international efforts to resolve multi-party civil wars is much lower than when there is only one rebel group fighting the government. This article discusses implications for peacemakers designing responses to conflicts with multiple veto players. Negotiations in these conflicts are most likely to lead to a peace agreement that successfully ends the war if they include …

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Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner Apr 2013

Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner

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

International disputes receiving third-party mediation are less likely to result in peace treaties than those negotiated bilaterally between the disputants. When belligerents do settle, mediated agreements are more likely to fail. Is mediation detrimental to conflict resolution? No. Third-party mediation represents a highly effective, but costly, means of peacemaking. Disputants recognize its costs and only employ mediation when they are unable to resolve a conflict between themselves, creating a “selection effect.” As a result, mediators are selected for the toughest cases – those least likely to end peacefully and mostly likely to result in fragile agreements. When the difficulty of …

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Research On Bias In Mediation: Policy Implications, Isak Svensson Apr 2013

Research On Bias In Mediation: Policy Implications, Isak Svensson

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

One of the most important and disputed questions within the field of international mediation concerns the issue of bias. The question of bias cuts to the core of what mediation is and the ways in which mediators can help the parties reach peace. Focusing on research on the role of neutrality and bias in international peace diplomacy in civil wars, this article draws out the policy implications of my own empirically-based work on the role of bias in the mediation of internal armed conflicts. This article suggests that neutrality should not be part of the definition of mediators, …

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The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt Apr 2013

The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt

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

The increased number of peacemaking actors during the past twenty years is accompanied by an increased amount of peacemaking, but also a low success rate. This article focuses on recent emerging conflicts. It finds that peacemaking is prevalent, but is often not coordinated with regard to choice of tools (mediation, arbitration, etc.), or the agenda or the issues of the talks. This lack of coordination has for many years been recognized as detrimental and may partly explain the low success rate. The article suggests that policymakers need to have a long-term strategy to address the coordination problem, part of which …

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Foreword, I. William Zartman Apr 2013

Foreword, I. William Zartman

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

No abstract provided.

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Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion Apr 2013

Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion

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

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …

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U.S. State Department International Law Internship And Employment Presentation And Discussion, Andrew A. Passen Famu Diplomat-In Residence Apr 2013

U.S. State Department International Law Internship And Employment Presentation And Discussion, Andrew A. Passen Famu Diplomat-In Residence

Environmental and Animal Law

The Center for International Law & Justice presents a discussion and presentation by Andrew A. Passen, a career member of the Senior Foreign Service, who is currently serving as Diplomat-in-Residence covering the southeast U.S. and is based at Florida A & M University in Tallahassee.

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The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy, Charles Herman Apr 2013

The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy, Charles Herman

Independent Study Project (ISP) Collection

This article presents the findings from an exploration of the 2013 Kenya Supreme Court ruling on the election petition. Raila Odinga, who averred that Uhuru Kenyatta was wrongly declared the victor of the election, brought a challenge to the Supreme Court. This article presents an overview of the election and judicial proceedings and then delves deeper into the issues. An application of Judicial Politics theory to the decision suggests that the Supreme Court was unbiased in the process. It is found that Uhuru Kenyatta supporters generally view the Supreme Court and the decision favorably and believe that no credible evidence …

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The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison Apr 2013

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …

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Misrepresentation, Fiduciary Duty And Negligence: Investor Scores Rare Win In Deutsche Bank V Chang, Kee Yang Low Apr 2013

Misrepresentation, Fiduciary Duty And Negligence: Investor Scores Rare Win In Deutsche Bank V Chang, Kee Yang Low

Research Collection Yong Pung How School Of Law

Law reports of the last decade are littered with unsuccessful suits by investors against their banks for negligent or unsuitable advice. Rarely do investors succeed. This is despite the wide array of courses of action available, allowing them to sue for breaches by the bank of contractual duty (in particular, through misrepresentation), duty of care, statutory duty and fiduciary duty.

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Marriageable Age In Islam: A Study On Marriageable Age Laws And Reforms In Islamic Law, Jeremiah J. Bowden Mar 2013

Marriageable Age In Islam: A Study On Marriageable Age Laws And Reforms In Islamic Law, Jeremiah J. Bowden

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

One area of Islamic law that has been subject to much criticism as of late is the practice of child-marriage. Some, preferring to view Islam suspiciously, tend to create a caricature of Muslims as morally depraved individuals who force young daughters into marriages to old men for financial gain. Several polemicists commenting on this practice have hurled virulent epithets toward the Prophet Muhammad, whom they believe to be the originator of this abhorrent practice. After exploring instances where child-marriage still occurs, I will examine how this practice is currently being reformed in a way consistent with Islamic law. Ultimately, I …

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Assimilation, Acculturation, And The Law: Solving A “Problem” Like Shar’Ia, Kristina E. Benson Mar 2013

Assimilation, Acculturation, And The Law: Solving A “Problem” Like Shar’Ia, Kristina E. Benson

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

An unexpected development in the English legal system involves Muslim women’s use of legally binding Shar’ia councils to protect their autonomy, marital security, and property rights. Although scholars and political commentators alike have voiced concerns that Muslim women will be treated unfairly in these councils, there is some indication that women have become adept at navigating this plural legal landscape and that they have often managed to secure better outcomes from Shar’ia family law than from English courts. Over 80 Shar’ia tribunals have been established to issue legally binding decisions on divorce, child custody, inheritance, and other areas of family …

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Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam Mar 2013

Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam

Research Collection Yong Pung How School Of Law

This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique features of Singapore's …

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The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen Mar 2013

The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen

Research Collection Yong Pung How School Of Law

Singapore amended the expert opinion evidence provisions in its Evidence Act (EA) in 2012. The criteria for admissibility have been broadened, but the courts are now also expressly given the discretion to exclude relevant expert opinion evidence if it is ‘in the interests of justice’. This article explains why the 2012 amendments have raised more questions than answered them. First, Parliament did not appear to have properly appreciated the distinction—as conceptualised by the EA—between legal and logical relevance and relevance and admissibility. Second, it did not appear to have appreciated the distinction between general and specific relevance. Third, the introduction …

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Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan Mar 2013

Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives of …

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Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh Mar 2013

Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of the Asia-Pacific (FTAAP) can …

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Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan Mar 2013

Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Article 35(8) of the Constitution of the Republic of Singapore states that the Attorney-General, as the Public Prosecutor, “shall have the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence”. This prosecutorial discretion, though extremely wide, is not an unfettered one and must not be exercised in bad faith or in breach of constitutional rights. With respect to the equality provision in the Constitution, the Prosecution has to give unbiased consideration to all potential accused persons and avoid any irrelevant considerations. The article considers whether the presumption of the constitutionality of prosecutorial decisions and …

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A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore, Pearlie Koh Mar 2013

A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore, Pearlie Koh

Research Collection Yong Pung How School Of Law

The statutory remedy for oppression plays an important role in minority shareholder protection in Singapore. Both the scope of its application and the court's jurisdiction to make remedial orders must necessarily be wide in order for the remedy to be effective. Nevertheless, the remedy is not without limits. Indeed, it is crucial that the boundaries of the remedy be made clear so that legitimate rule of the majority is not too often, and erroneously, equated with tyranny by the majority. This paper considers a number of issues as to the scope of the oppression remedy in Singapore through a careful …

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Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489, David Llewelyn Mar 2013

Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489, David Llewelyn

Research Collection Yong Pung How School Of Law

The wording of s 8(2)(b) of the Trade Marks Act – which sets out the relative ground for refusal of a trade mark application for a mark that is the same or similar to an earlier mark registered in relation to the same or similar goods or services as long as there is a likelihood of confusion – is identical to that in s 27(2)(b) relating to infringement of a trade mark. The wording is taken from ss 5(2) and 10(2) of the UK Trade Marks Act 1994 (which in turn derives from the European Council Trade Marks Directive). The …

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How Is Med-Arb Regulated In Hong Kong?, Nadja Alexander Mar 2013

How Is Med-Arb Regulated In Hong Kong?, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the Arbitration Ordinance (AO) and the Mediation Ordinance (MO) to the multi-tiered dispute resolution (MDR) practice in Hong Kong are analysed.

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Interim Relief In Aid Of Arbitration Against A Sovereign, Darius Chan Mar 2013

Interim Relief In Aid Of Arbitration Against A Sovereign, Darius Chan

Research Collection Yong Pung How School Of Law

In Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16, the Singapore Court of Appeal discharged an interim injunction in aid of arbitration granted by the High Court against, inter alios, the Government of the Republic of Maldives. In doing so, the Court of Appeal not only gave helpful guidance on the granting of interim relief under s 12A of the International Arbitration Act, it also touched upon issues of public international law.

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