International and Area Studies Commons^™

Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

The three cases on conversion relate to the following issues: the distinction between the tort of conversion and the choice of remedy for purposes of determining the appropriate limitation period, the underlying rationale for conversion that is based essentially on possession of a chattel and finally, the question of whether a temporary certificate of entitlement for the purchase of a car in Singapore may be converted.

When The Text Runs Out: The Role Of The Court In Constitutional Construction, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Constitutions in Westminster-style legal systems in Asia such as India, Malaysia and Singapore feature bills of rights with provisions phrased at a high level of abstraction. As a consequence, at some stage a particular constitutional text ‘runs out’ and ceases to provide a court with substantive guidance as to how fundamental liberties should be applied to specific factual scenarios. Nonetheless, as it remains the court’s duty to understand the implications of the constitutional text in order to determine the dispute before it, the judge must necessarily engage in constitutional construction. This may be described as the process of articulating rules …

At The Intersection Of Neoliberal Development, Scarce Resources, And Human Rights: Enforcing The Right To Water In South Africa, Elizabeth A. Larson

International Studies Honors Projects

The competing ideals of international human rights and global economic neoliberalism come into conflict when developing countries try to enforce socio-economic rights. This paper explores the intersection of economic globalization and the enforcement of 2nd generation human rights. The focus of this exploration is the right to water in South Africa, specifically the recent Constitutional Court case Mazibuko v City of Johannesburg. While a right to water can be constructed at the international level, the right disappears in the face of neoliberal development measures such as those that are instituted by democratic governments in developing nations faced with limited resources.

Peace Agreements And International Peace Operations: The Case Of Sierra Leone, Haruyuki Irie

Seton Hall University Dissertations and Theses (ETDs)

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Internet Intermediaries And Copyright Law In Singapore, Warren B. Chik, David Yong

Research Collection Yong Pung How School Of Law

Thisarticle discusses Practice Direction No 2 of 2010 issued by the SubordinateCourts concerning the "ADR Form". It also reviews other jurisdictions’approaches towards encouraging the use of mediation.

Formal Alliance Not The Panacea, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Opposition still needs to manage the egos of key players and keep distrust between parties at bay

Can The Icc Ever Get It Right?, Richard Burchill

Human Rights & Human Welfare

Nesrine Malik makes clear with her title, “The ICC’s Blunder on Sudan,” that something has gone amiss with the efforts of Prosecutor Luis Moreno-Ocampo to ensure the ICC statute is applied to those circumstances it was meant to address. But why is something amiss in this situation? The Prosecutor has a mandate and the legal regime for the ICC is relatively clear (at least procedurally); the crimes it covers can always be debated, but there is a degree of clarity present as to what acts are addressed; so what has gone wrong? The difficulty lies in expectations about justice and …

March Roundtable: Icc And Darfur Introduction

Human Rights & Human Welfare

An annotation of:

“The ICC's Blunder on Sudan” by Nesrine Malik. The Guardian. February 4, 2010.

Confronting The Politics And Law Behind Battles Over The Icc’S Bashir Indictment, Anthony Chase

Human Rights & Human Welfare

Nesrine Malik points in the wrong direction in arguing that charges of genocide embarrass the ICC more than they do Omar al-Bashir. The embarrassment here should come from those, such as Malik, who snidely downplay the level of war crimes committed in Darfur, who discuss genocide as if it is a cultural rather than political matter (does Malik seriously think genocide ever has anything to do with a country’s cultural traditions, as she says in defending Sudan?), or who naively give credence to predictable political push-back from Sudan and its allies. The ICC faces serious legal and political obstacles, some …

Politics And The Law: Enforcing Judicial Integrity, Anna Talbot

Human Rights & Human Welfare

The ruling by the International Criminal Court (ICC) in early February concerning the arrest warrant for Omar al-Bashir provoked controversy. The role of the Court has been called into question, with Nesrine Malik’s piece surmising that the ruling has shown that the Court is out of touch with political reality. She argues that the decision plays into the hands of authorities who are using it to their own political ends; that the charge of genocide is unjustified; and that the practicalities of enforcement undermine the Court.

Bashir And The Icc, Kurt Mills

Human Rights & Human Welfare

Nesrine Malik argues that the International Criminal Court (ICC) made a mistake when it declared that it might charge Omar al Bashir with genocide, in addition to the existing charges of war crimes and crimes against humanity. She argues that the court’s ruling will contribute to Bashir's propaganda efforts and that the current charges have had no appreciable effect. Given the extreme duplicity of Bashir and the other crimes he has quite clearly committed, it is unclear how the genocide charge would make a big difference.

China On The World Stage: A Trade Law Perspective, Henry S. Gao

Research Collection Yong Pung How School Of Law

Before China's accession to the WTO, many observers predicted that the inclusion of the emerging trade power will change the pre-existing power structure in the multilateral trading system. Some even went as far as suggesting that China will become the leader of developing countries in the crusade against developed countries, which have dominated the organization during most of the history of the GATT/WTO. Now that China has been in the WTO for almost nine years, has it really emerged as the leader of developing countries as predicted? In this short essay, I will argue that while China has seen itself …

Hope For Haiti?, Kurt Mills

Human Rights & Human Welfare

Kara McDonald raises the question of whether or not the international community will go beyond its patchwork response to Haiti's problems. One wonders why the question is even asked, given the international community's track record in Haiti, as well as in other parts of the world. Indeed, setting aside the many positive acts of individuals and states to address the suffering after the earthquake, the response to Haiti illustrates the inability of the international community to respond in a coherent and humane manner to many crises around the world.

Can They Stay The Distance? The International Response To The Earthquake In Haiti, Anna Talbot

Human Rights & Human Welfare

Haiti is devastated again. Over one hundred thousand people are presumed dead. Reports of looting and violence are emerging. The international community is responding, with a statement from the Secretary-General of the UN, a resolution by the Security Council, a Special Session, and resolution from the UN Human Rights Council and numerous aid and UN agencies in the country seeking to help as many survivors as possible. Various commentators, including Kara McDonald, have claimed this is an opportunity for a stronger Haiti. Whether this opportunity is realized or not depends in large part on the international community, and whether it …

A Time For Anger. And A Time For Rights, Not Charity, Anthony Chase

Human Rights & Human Welfare

Sadness but also anger is the immediate reaction to the deaths of 200,000 Haitians. Among the dead are Myriam Merlet, Magalie Marcelin and Anne Marie Coriolan (founders of three leading Haitian feminist organizations) and 14 of the 16 members of SEROvie, the main Haitian organization providing HIV-related services for men who have sex with men and the transgendered – people who have been at the front line in pushing for political change from within Haiti. Kara McDonald’s words that “it is hard to identify another country that has had as many peacekeeping forces, stabilization operations, and crisis responses at work …

What Is The Best Use Of The International Community’S Resources; Responding To Disasters Or Trying To Strengthen Fragile States?, Richard Burchill

Human Rights & Human Welfare

The recent earthquake in Haiti is, beyond doubt, a truly tragic event. The impact of the quake in terms of the physical destruction of buildings and infrastructure, the massive loss of life, and the inability of the government to respond all demonstrated how fragile the Haitian state is. While Haiti is probably at the extreme end of fragility, it is not alone in terms of states struggling to survive in difficult conditions. And when something unexpected hits a fragile state, the response of the international community is crucial, because the impact is so much greater and the state's own ability …

February Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Tragedy and Opportunity for Haiti” by Kara C. Mc Donald. Council on Foreign Relations. January 14, 2010.

Palestinian Refugees: Protection In Exile, Vivienne Chew

Human Rights & Human Welfare

The Palestinian refugee problem is perhaps the most critical and complex of the outstanding issues in the Israeli-Palestinian conflict. Sixty-two years have now passed since the 1948 Arab-Israeli War, in which hundreds of thousands of Palestinians were displaced en masse and rendered stateless. Since then, successive generations of Palestinian refugees have endured discrimination, insecurity, repeated cycles of displacement, and infringement of their basic rights and freedoms.

Amazigh Legitimacy Through Language In Morocco, Sarah R. Fischer

Human Rights & Human Welfare

Contemporary Morocco rests at a geographic and developmental crossroads. Uniquely positioned on the Northwestern tip of Africa, Morocco is a short distance away from continental Europe, cradled between North African tradition and identity, and Western embrace. The landscape is varied: craggy mountains trail into desert oases; cobbled streets of the medina anchor the urban centers; mud homes dot the rural countryside. Obscured from the outside observer, behind the walls of the Imperial cities and between the footpaths of village olive groves, Morocco’s rich and diverse Arab and Amazigh cultures and languages circle one another in a contested dance. Morocco’s identity …

Establishing Governmental Legitimacy In Iraq: The Path To Protecting Human Rights, Matt Mines

Human Rights & Human Welfare

Rule of law is essential for ensuring the protection of human rights in post-conflict societies. Contention and disagreements, however, often arise regarding the best ways to establish rule of law in a reconstructive state. It is a vital prerequisite to rule of law that a government be viewed as legitimate. Following an armed conflict, the restoration of basic services and infrastructure is essential for instilling confidence that the government is legitimate and is capable of providing for the needs of the local populace. The essential services include water, electricity, and security on a consistent basis. In order to ensure ongoing …

Tunisia–The Imprisonment Of Fahem Boukadous (Part One Of A Series), Rob Prince

Human Rights & Human Welfare

To most Americans with the exception of those few who, for whatever reason, have an attachment to the North African country of Tunisia, the name Fahem Boukadous, foreign to American ears, means nothing. It means a good deal more to "Reporters Without Borders” and to the US State Department that actually issued a statement (half way down the page) on his behalf, to the US intelligence agencies and military that have carefully followed the Spring, 2008 uprising in the Tunisian region of Gafsa–deemed the most extensive and militant social protest in that country’s history in the past quarter century.

© …

Paul Okojie On Darfur And The Crisis Of Governance In Sudan: A Critical Reader. Edited By Salah M. Hassan And Carina E. Ray. Ithaca: Cornell University Press, 2009. 528pp., Paul Okojie

Human Rights & Human Welfare

A review of:

Darfur and the Crisis of Governance in Sudan: A Critical Reader. Edited by Salah M. Hassan and Carina E. Ray. Ithaca: Cornell University Press, 2009. 528pp.

Arbitrary Arrest And Detention Of Human Rights Defenders In Iran: Subduing The Voices Demanding Rights, Sachchi Karki

Human Rights & Human Welfare

Arbitrary arrest and detention, oftentimes used to curtail the freedom of opinion and expression, as well as the right to association and peaceful assembly, has continued to characterize Iranian regimes since the 1979 Islamic Revolution. Such arrest and detention of human rights defenders (HRD)–who individually or with others act to protect and promote human rights—has demonstrated the repressive nature of the Iranian regime. Human rights lawyers, civil society representatives, journalists, and women’s rights movements and trade union activists are among the most commonly targeted HRD.

Steve C. Ropp On Human Rights In Latin America: A Politics Of Terror And Hope. By Sonia Cardenas. Philadelphia, Pa: University Of Pennsylvania Press, 2010. 256pp., Steve C. Ropp

Human Rights & Human Welfare

A review of:

Human Rights in Latin America: A Politics of Terror and Hope. By Sonia Cardenas. Philadelphia, PA: University of Pennsylvania Press, 2010. 256pp.

Barb Rieffer-Flanagan On Muslims In Global Politics: Identities, Interests, And Human Rights. By Mahmood Monshipouri. Philadelphia: University Of Pennsylvania Press, 2009. 325pp., Barb Rieffer-Flanagan

Human Rights & Human Welfare

A review of:

Muslims in Global Politics: Identities, Interests, and Human Rights. By Mahmood Monshipouri. Philadelphia: University of Pennsylvania Press, 2009. 325pp.

“Revolution By Eradication:” On The Khmer Rouge’S Making Of The Tragedy Of Cambodia, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

The Killing of Cambodia: Geography, Genocide and the Unmaking of Space . By James A. Tyner. Aldershot, England: Ashgate Publishing, 2008. 209pp.

Introduction: Human Rights In The Middle East And North Africa (Mena), Raslan Ibrahim

Human Rights & Human Welfare

The wave of revolutions and popular uprisings across the Middle East and North Africa (MENA) at the dawn of 2011 highlights the inescapable relevance and impact of human rights on the region’s politics and security. The Arab regimes’ violations of human rights and lack of respect to the human dignity of their citizens are in fact the seeds of the Jasmine revolution in Tunisia, the rebellion of the Egyptian people against Mubarak regime, as well as the ongoing uprisings across the rest of MENA. The women and men who are protesting in the streets of Egypt, Bahrain, Libya, Syria, Yemen, …

The Abuse Of Child Domestic Workers: Petites Bonnes In Morocco, Joanna Miller

Human Rights & Human Welfare

The International Labor Organization (ILO) classifies child domestic labor as a “worst form of child labor” for a very good reason. Driven by dire poverty and lack of access to education, children are sent away from their homes, often moving to large and unfamiliar cities to work for wealthier families. Morocco has one of the worst child domestic labor problems in Northern Africa with an ILO estimated 66,000-88,000 children between the ages of 7 and 15, 70% of whom are under age 12, working in Morocco today (Rinehart 2007). Many of these child laborers are young girls working as maids, …

The Object Of Torture Is Torture: Extraordinary Renditions To Jordan And Human Rights In The War On Terror, Kat Mitchell

Human Rights & Human Welfare

Hassan Saleh bin Attash, a Yemeni national, was just seventeen at the time of his September 2002 arrest in Pakistan. The young man spent four days in a Karachi prison before being taken to a United States-run prison in Kabul, where he was held and allegedly tortured through the middle of September. He was then rendered to Jordan.

Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein

Human Rights & Human Welfare

The Christian community of Egypt dates back to the seventeenth century and comprises 12 per cent of the population today. As one of the oldest churches of the world, the Coptic Christian Church, first formed in Alexandria, has stood resilient and faithful to its traditions against intolerance, siege and persecutions. Having been present in most institutions of the state among the overwhelmingly Sunni-Muslim population, Copts are not new to the slow process of Islamization that Egypt has been undergoing for the last twenty years. What has been unique to the recent Coptic experience is the forced integration of Shari’a law …