International and Area Studies Commons^™

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.

Colombia, Travis Ning

Human Rights & Human Welfare

The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …

Europe, Victoria Lowdon, Angela Woolliams, Robin Davey

Human Rights & Human Welfare

Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.

Israel, Sydney Fisher

Human Rights & Human Welfare

Israel and Palestine have been in an “interim period” between full scale occupation and a negotiated end to the conflict for a long time. This supposedly intermediate period in the conflict has seen no respite from violations of Palestinians’ human rights or the suicide bombings affecting Israelis. This section will provide resources spanning the issues regarding Israel, Palestine and how the human rights dimensions of this conflict interact with the war on terror. The issue of how both sides will arrive at peace remains a mystery.

Pakistan, Susannah Compton, Toni Panetta

Human Rights & Human Welfare

Following armed hostilities in 1947-1949 between India and Pakistan, the region once known as the Princely State of Jammu and Kashmir was divided. The disputed territory continues to split relations between Pakistan and India and the threat of war has been a daunting force as recently as 2002.

Uzbekistan, Chris Maggard

Human Rights & Human Welfare

The Central Asian republics have largely remained hidden from the world attention since they gained independence a decade ago. However, immediately following September 11th the region was brought into focus as a part of the US-led “War on Terror”. Uzbekistan became a full partner in this initiative when the government decided to allow the U.S. military full use of its territory in the invasion against Afghanistan . As Uzbek President Karimov has become willing to work with the West than neighboring countries, the debate in recent years has been how and to what extent, rather than whether or not the …

Critical Thinking Straight From The Heart, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The state of the hearts of our young people, specifically whether they have the moral courage to stand up for what they believe in, is in the spotlight again with this newspaper's upcoming Youthink pages intended to showcase their views. The Youthink pages might go some way to show if the concern with our youth is well-founded. An interesting issue is raised: What exactly is critical thinking?

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The rudimentary principle that a contract is only concluded upon the unconditional acceptance of an offer was applied in Koon Seng Construction Pte Ltd v Siem Seng Hing & Co (Pte) Ltd [2005] SGHC 8, where the alleged contract failed in the absence of an unqualified acceptance.

The Contractual Basis Of The Enforcement Of Exclusive And Non-Exclusive Choice Of Court Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This article argues that, although choice of court agreements can be viewed from a procedural or contractual perspective, the predominant approach in Singapore and English law in respect of the exclusive jurisdiction agreement has been to give primacy to the rationale of the enforcement of a contractual bargain, tempered by a judicial discretion in its enforcement within the procedural jurisdictional context. It is also argued that the only difference between exclusive and non-exclusive jurisdiction agreements lies in the content and scope of the agreement between the parties, so the same contractual approach (as tempered by procedural considerations) should be applied …

Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This note argues that because there is a legal distinction between the public policy defence to the enforcement of foreign judgments under the common law and the corresponding defence in the Reciprocal Enforcement of Commonwealth Judgments Act, the prohibition against the enforcement of foreign wagering transactions under Singapore law is no longer founded on public policy.

Restructuring Legal Education In Guatemala: A Model For Law School Reform In Latin America?, Steven E. Hendrix

Journal of Legal Education

No abstract provided.

Free Will's A Gamble, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The debate over whether Singapore should have a casino has turned from the contest between moral values and social repercussions, on the one hand, and economic values on the other, to whether Singaporeans can be trusted to act responsibly. Put another way, the issue now seems to be whether the approach should be paternalistic, with all its connotations of the nanny state protecting the individual from himself.

True Believers Or Moral Absolutists, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent American presidential elections brought to the fore the question of what place moral values have in public decision-making when traditional moral values are not espoused by all in a pluralist society. Even if traditional values - seen as absolutist - are imposed on others through a democratic electoral process, that imposition, particularly in hot button issues like abortion and same-sex marriage, remains difficult to accept.

True Believers Or Moral Absolutists, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent American presidential elections brought to the fore the question of what place moral values have in public decision-making when traditional moral values are not espoused by all in a pluralist society. Even if traditional values - seen as absolutist - are imposed on others through a democratic electoral process, that imposition, particularly in hot button issues like abortion and same-sex marriage, remains difficult to accept.

Free Will's A Gamble, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The debate over whether Singapore should have a casino has turned from the contest between moral values and social repercussions, on the one hand, and economic values on the other, to whether Singaporeans can be trusted to act responsibly. Put another way, the issue now seems to be whether the approach should be paternalistic, with all its connotations of the nanny state protecting the individual from himself.

Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.

Politik Luar Negeri Indonesia: Pantulan Dari 'Weak State' Dan Masa Transisi Yang Berkepanjangan, Zainuddin Djafar

Global: Jurnal Politik Internasional

Evaluation of Indonesian foreign policy leads us to assess the following: Firstly, since the Soeharto era we have had close relations with the Western countries, we have enjoyed billions of US dollars of loans, held technical co-operations in various aspects, we have oil reserves, LNG and other potential natural sources; but as a result of the multidimensional crises in 1997-1999, our economic and business activities, as well as financial and banking systems, have been ruined. Secondly, the three following administrations (B.J. Habibie, Abdurrahman Wahid and Megawati Soekarnoputri, 1998-2004) were not able to do much, let alone restore Indonesia to its …

Menelaah Konsep Human Security: Studi Kasus Penanganan Masalah Pengungsi Afganistan Di Australia (1999-2002), Avyanthi Azis

Global: Jurnal Politik Internasional

This article is a short report drawn from a research on the issue of the Afghan refugees in Australia (1992-2002). Using the infamous “boat people” case as illustration, the research was intended to provide careful observation on the concept “human security,” a term increasingly linked to forced migration issues. Although human security is often portrayed as a benign concept with strong moral stance, its vastness and loose definition limit its adequacy as a useful tool of analysis. The concept is also prone to misuse because it loosely adapts to various ideological interests. Following a framework elaborated from the thoughts of …

Kathleen J. Hancock On Human Rights: International Protection, Monitoring, Enforcement By Janusz Symonides. Burlington, Vt: Ashgate Publishing, 2004. 416pp., Kathleen J. Hancock

Human Rights & Human Welfare

A review of:

Human Rights: International Protection, Monitoring, Enforcement by Janusz Symonides. Burlington, VT: Ashgate Publishing, 2004. 416pp.

Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan

Research Collection Yong Pung How School Of Law

Conditional fee agreements are currently prohibited in Singapore. The Singapore courts still adhere to the public policy considerations expressed in the English common law which proscribe maintenance and champerty. However, the United Kingdom as well as Ontario (Canada) and Australia have recently ‘departed’ from the old system prohibiting conditional fee agreements. It is thus timely for Singapore to re-examine the public policy arguments against conditional fee agreements and inquire whether a conditional fee based system ought to be introduced. Apart from the above jurisdictions, lessons will also be drawn from the problems and issues faced by the US and the …

Group Taxation: Ifa Singapore Branch Report, Cecil Duncan Macrae

Research Collection Yong Pung How School Of Law

No abstract provided.

Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson

Human Rights & Human Welfare

This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.

Matthew S. Weinert On Genocide In Cambodia: Documents From The Trial Of Pol Pot And Ieng Sary Edited By Howard Denike, John Quigley, And Kenneth Robinson. Philadelphia: University Of Pennsylvania Press, 2000. 559pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Genocide in Cambodia: Documents from the Trial of Pol Pot and Ieng Sary edited by Howard Denike, John Quigley, and Kenneth Robinson. Philadelphia: University of Pennsylvania Press, 2000. 559pp.

Romania, Bulgaria, The United States And The European Union: The Rules Of Empowerment At The Outskirts Of Europe, Dana Neacsu

Law Faculty Publications

After the collapse of the Soviet Union, the United States came to Eastern Europe spreading the gospel of democracy and the American Rule of Law. In addition to encouraging Western ideology, the United States was there to forge new economic relationships and, following the terrorist attacks of September 11, 2001, to accelerate the creation of military alliances through membership in the North Atlantic Treaty Organization (NATO) and the newly-formed "coalition of the willing." Romania and Bulgaria, among other former Soviet satellites, welcomed the invitation. Romania and Bulgaria are small countries which share similar economic pressures as they attempt to emerge …

The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor

Articles & Book Chapters

This article examines the influence that IHIs (such as the African System on Human and Peoples' Rights) can exert within states, with the facilitative work of local popular forces, and relates that to the possibility of valuable IHI contributions to peacebuilding within deeply fragmented African states. Of all the existing approaches to the study of IHIs, constructivism comes the closest to accounting for the highly significant incidences of IHIjostered (and popular forces-facilitated) 'correspondence' that occurs outside the 'compliance radar'. In this sense the article is a contribution to the growing constructivist human rights and institutional literature sets. In particular the …

Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …

Pinochet’S Chile: The United States, Human Rights, And International Terrorism, Todd Landman

Human Rights & Human Welfare

A review of:

International Human Rights and Authoritarian Rule in Chile by Darren Hawkins. Lincoln and London: University of Nebraska Press, 2002. 259 pp.

and

The Pinochet File: A Declassified Dossier of Atrocity and Accountability by Peter Kornbluh. New York and London: The New Press, 2003. 551 pp.

and

The Condor Years: How Pinochet and His Allies Brought Terrorism to Three Continents by John Dinges. New York: The New Press, 2004. 322 pp.

Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge

Human Rights & Human Welfare

A review of:

Workers’ Rights as Human Rights edited by James A. Gross. Ithaca: Cornell University Press, 2003. 272pp.

and

International Labor Standards: Globalization, Trade, and Public Policy edited by Robert J. Flanagan and William B. Gould IV. Palo Alto: Stanford University Press, 2003. 275pp.

Human Rights, Health, And Corporations, Gerald Montgomery

Human Rights & Human Welfare

Unfettered economic policies have had a notable effect on the state of human rights. With the increasing spread of transnational corporations (TNCs), non-governmental organizations (NGOs) play a major role in setting ethical and moral standards for with the quality of life in the developing states where TNCs do business. Many TNCs are trying frantically to implement strategies that would alleviate labor injustices and corrupt practices in order to meet the standards argued for by NGOs.