International and Area Studies Commons^™

'Peace: A Gift Of God, A Human Task': Toward A Liberation Theology For Northern Ireland, David Miles Moore

Honors Theses

PREFACE: I would have to cite the five months I spent in Cork, Ireland as the biggest motivating factor behind this paper. I knew next to nothing about Northern Ireland before this period. Soon after my arrival in Cork, however, I became fascinated with the socio-religious anomaly to the north of me. Since I became a religion major at Colby, I have always been interested in liberation theology. As I read about the poverty, injustice and violence that pervades Northern Ireland, I was reminded of the context in which Gustavo Gutierrez, Tissa Balasuriya, and Elsa Tamez write and live. The …

Frustration In English Law – A Reappraisal, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

There are few doctrines in the English common law of contract that have raised as much theoretical discussion as the doctrine of frustration. The present article attempts a reappraisal of the doctrine, its central thesis being that many of the major controversies centring on the doctrine have been unnecessary as they stem from an omission to view the doctrine in a holistic fashion. Indeed, it is submitted that a more coherent view must proceed from a theoretical reappraisal, which reappraisal would, ironically, lead to a more cogent practical application of the doctrine itself. That theory lies at the core of …

The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu

Research Collection Yong Pung How School Of Law

Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the …

Lawyers In China: The Past Decade And Beyond, Timothy A. Gelatt

Maryland Series in Contemporary Asian Studies

No abstract provided.

The 1989 Us-Republic Of China (Taiwan) Fisheries Negotiations, Mark Mon-Chang Hsieh

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth

Research Collection Yong Pung How School Of Law

The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …

Reception Of English Law In Singapore: Problems And Proposed Solutions, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The problems pertaining to the reception of English law in Singapore are both numerous and complex. The academic literature generated in the local sphere alone is relatively large. It must, however, be conceded that, from apractical point of view, there has been very little interest or at least discussion. One cannot, of course, be sure about this observation, save for the very strong indication that takes the form of the overwhelming lack of litigation in the area, thus rendering it merely (so it appears) an academic monopoly. It should, however, be pointed out that this rather phlegmatic approach in practice …

Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

Workshop held Sept. 18-19, 1989; conference held Oct. 12-13, 1989, in Boulder, Colorado.

Conference speakers included University of Colorado School of Law professors Daniel Barstow Magraw and Lawrence J. MacDonnell.

Contents of papers from workshop and conference:

To protect developing city by the enactment of local laws and regulations / Wu Zilin -- Legislative control of air pollution & water pollution of the P.R.China / Xiao Longan -- The law of natural conservation in China / Ma Xiang-cong -- 'Weighing environmental risks : EPA's unfinished business', Environment, vol. 30, no. 6, July/August 1988, p. 14-17, 34-39 / Richard Morgenstern, Stuart …

To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

13 pages.

Legislative Control Of Air Pollution & Water Pollution Of The P.R. China, Longan Xiao

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

10 pages.

The Law Of Natural Conservation In China, Xiang-Cong Ma

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

19 pages.

The Marine Environmental Protection Law Of The People’S Republic Of China (Chinese Version And Unofficial English Translation), Jianying Ye

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

40 pages.

Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay

Research Collection Yong Pung How School Of Law

After the military massacre in Tiananmen Square on 4 June it came as no surprise that the nominated 'rioters and counter revolutionaries' would soon be paraded before the courts. Even in the People's Republic of China, where a formal criminal court structure is a comparatively recent addition to the social control framework, the trial process is being employed as an immediate state response to community disjuncture and political challenge.

Of Codes And Ideology: Some Notes On The Origins Of The Major Criminal Enactments Of Singapore, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This article, as its title suggests, surveys the historical background to the major criminal enactments of Singapore. As a subsidiary function, it also attempts to illustrate the possible ideology underlying the enactment of one particular statute, viz., the Penal Code - a possibility that might point the way toward broader conclusions as well as studies encompassing the role and function of the law in colonial Singapore from a more general point of view.

Sugar Coated Bullets: Corruption And The New Economic Order In China, Mark Findlay, Thomas Chor-Wing Chiu

Research Collection Yong Pung How School Of Law

The recent political debate concerning the influence of corruption on the “new economic order” in the People's Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.We prefer in this paper briefly to focus on the economic and political environment from within which this concern has been generated, to comment on the significance for the Government of the PRC in associating …

One Step Forward, One Step Back, Human Rights In The People's Republic Of China In 1987/88, John F. Copper, Ta-Ling Lee

Maryland Series in Contemporary Asian Studies

No abstract provided.

Enforcement In The Exclusive Economic Zone: Harmonizing National Legislation With Special Reference To Asean States, Rayner Stuel Galid

Marine Affairs Theses and Major Papers

The 1982 Third United Nations Convention on the Law of the Sea provides only broad guidelines for many matters. One such area is in the provision of enforcement rights to the coastal State in the exclusive economic zone (EEZ). Thus, the specifics have to be worked out by the concerned nations in their domestic legislation. This expansive latitude may occasion the lack of uniformity in coastal States' EEZ laws and regulations. These different legislation may foster incompatible enforcement policies on the part of the coastal States which in turn may cause international friction. Harmonization of laws is the deliberate alignment …

State-Sponsored Domestic Terrorism: The Case Of Poland, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

Preparing Global Professionals, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This very brief essay seeks to sketch out as well as consider an approach toward legal analysis and reasoning that would aid in the development of an autochthonous Singapore legal system, ' and that, in any event, would probably also be relevant even in more generalized ad hoc situations. It is assumed that many, if not most, of those involved in the discipline of Singapore law desire the construction of an autochthonous legal system, although the skeptic might find - as just mentioned - the approach suggested here of some utility as well.

People's Republic Of China: The Human Rights Exception, Roberta Cohen

Maryland Series in Contemporary Asian Studies

No abstract provided.

Theoretical Conundrums And Practical Solutions In Singapore Commercial Law: A Review And Application Of Section 5 Of The Civil Law Act, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Singapore plays an important role as a centre of trade and finance. For that reason, therefore, commercial law is arguably the most important branch of law in this island republic.

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Maryland Series in Contemporary Asian Studies

No abstract provided.

Reform In Reverse: Human Rights In The People's Republic Of China, 1986/1987, Ta-Ling Lee, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.

Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski

Scholarly Articles

This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.

Of ‘Cut-Off’ Dates And Domination: Some Problematic Aspects Of The General Reception Of English Law In Singapore, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This article deals with some problematic aspects of the general reception of English law in Singapore. It examines, first, the concept of the 'cut-off' date for statutes and the common law. The second substantive part deals with the concepts of suitability and modification, analysing their theoretical cogency as well as their application in the local context. The third and final part of the article examines the relationship between reception and stare decisis, indicating and examining potential contradictions as well as other allied issues.

United States-China Normalization: An Evaluation Of Foreign Policy Decision Making, Jaw-Ling Joanne Chang

Maryland Series in Contemporary Asian Studies

No abstract provided.

Juvenile Delinquency In Saudi Arabia, Yousef Ahmed Alromaih

Dissertations and Theses

The present study involved an examination of the delinquency problem in Saudi Arabia within the framework of social control theory. Specifically, the study was based on the thesis set forth by Travis Hirschi, i.e., that delinquent acts result when an individual's bond to society is weak or broken. Also taken into account, however, were the findings from the research of Wiatrowski, et al. that suggest a need for a) some modifications in Hirschi's conceptual framework and b) inclusion of socio-economic factors in the social control model.

Legal Problems Of Seabed Boundary Delimitation In The East China Sea, Ying-Jeou Ma

Maryland Series in Contemporary Asian Studies

This book is the first comprehensive study of the complex problems of boundary delimitations in the East China Sea that involves four coastal states, namely Korea, Japan, the Republic of China (ROC) and the People's Republic of China (PRC).

Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

THE main task of this article is to inquire into the reasons for the general decline and final abolition of the jury system 1 in Singapore.2 It also seeks to discover why the decline and fall of a major legal institution aroused so little public debate, let alone outcry. To this end, the focus must necessarily be historical, but, in the context of a nation still in the process of discovering its legal heritage, it is hoped that the account which follows will contribute in some small way towards the development of our legal