International and Area Studies Commons^™

Vol. 5, Issue 3 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Bizwayo Newton Nkunika V Lawrence Nyirenda And Electoral Commission Of Zambia 2019/Ccz/005 (1 March 2021), O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe

SAIPAR Case Review

The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.

By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …

Chimanga Changa Limited V Export Trading Limited (Scz Appeal No. 3 Of 2022), Ntemena Mwanamwambwa, Chenela Mwale-Simbotwe

SAIPAR Case Review

The Supreme Court’s decision in Chimanga Changa has set a clear and resounding tone as well as a sound precedent in the Jurisprudence of Zambian Corporate Insolvency law, specifically in relation to how voluntary business rescue proceedings should be commenced, when they commence and most importantly that an application objecting to the commencement of business rescue proceedings pursuant to section 22(1), does not answer to the definition of a legal proceeding for purposes of effecting a moratorium within the confines of section 25 of the Act.

Eva Chiboni V. New Future Finance Company Limited 2020/Hpc/0776, Chanda Chungu

SAIPAR Case Review

The decision in Eva Chiboni has been seen by some as a victory for vulnerable groups of people in Zambia, compared to bigger entities that do at time take advantage of parties with less bargaining powers. However, as this article has demonstrated, it reached an outcome not supported by principles of law, particularly those relating to the need to provide lucid and clear evidence of a vitiating factor or illegality to declare a contract null and void.

Zambia Electronic Clearing House Limited V. James Kalengo Caz Appeal No. 239 Of 2020, Chanda Chungu

SAIPAR Case Review

The Court of Appeal’s decision in James Kalengo is crucial because it demonstrates that the concept of a legitimate expectation of renewal, as a principle and concept exists under Zambian employment law. Whilst an employer does retain the discretion to renew a contract of employment or not when it is due to expire, an employee may have a legitimate expectation of renewal if there is any past practice, prior promise or bad faith/mala fides in relation to the renewal.

Mark Tink And Others V. Lumwana Mining Company Limited Caz Appeal No. 41/2021, Chanda Chungu

SAIPAR Case Review

The decision in Mark Tink and Others v. Lumwana Mining Company Limited is an important decision because it clarifies and restates that law that a valid reason, that is substantiated is required when an employer initiates termination of the contract of employment.

This article critiques the approach of the Court of Appeal as it relates to the award of damages. This article seeks to provide clarity as it relates to the award of damages, particularly the way is granted and justified. It is suggested that when the opportunity arises either the Court of Appeal or the Supreme Court should revise …

Molosoni Chipabwamba And 12 Other Displaced Village Owners V Yssel Enterprises Limited Appeal No.104/2020 (Zmca) 2022, Mwami Kabwabwa

SAIPAR Case Review

The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. …

Changing College Graduation Rates Among New York City’S Latino Populations, 1990 - 2020, Laird W. Bergad

Center for Latin American, Caribbean, and Latino Studies

Introduction:

This report examines changing college graduate rates between 1990 and 2020 among all Latinos in New York City and within the five largest population nationalities in 2020: Dominicans, Puerto Ricans, Mexicans, Ecuadorians, and Colombians.

Methods:

All data in this report were derived from the 1990 and 2020 American Community Survey 5-year survey samples found at IPUMS USA found at https://usa.ipums.org/usa/. See Steven Ruggles, Sarah Flood, Ronald Goeken, Megan Schouweiler and Matthew Sobek. IPUMS USA: Version 12.0 [dataset]. Minneapolis, MN: IPUMS, 2022. https://doi.org/10.18128/D010.V12.0 College graduation rates were calculated by the U.S. Census Bureau for the population 25 years of age …

The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa

Dignity: A Journal of Analysis of Exploitation and Violence

This article reviews the goals, history, and impact of the new gender identity politics. Based on the Yogyakarta Principles, these new ideas and policies will profoundly affect the rights of women and girls worldwide. The Principles are a document from an international meeting about sexual orientation and gender identity in 2006. In 2017, the document was updated to the Yogyakarta Principles Plus 10. The Principles recommend legal changes by states worldwide, resulting in the erasure of sex as a legal and cultural category. These principles have been widely used to lobby for legal changes resulting in profound structural …

[Preface To] Peace, Preference, And Property: Return Migration After Violent Conflict, Sandra F. Joireman

Bookshelf

Growing numbers of people are displaced by war and violent conflict. In Ukraine, Afghanistan, Ethiopia, Myanmar, Syria, and elsewhere violence pushes civilian populations from their homes and sometimes from their countries, making them refugees. In previous decades, millions of refugees and displaced people returned to their place of origin after conflict or were resettled in countries in the Global North. Now displacements last longer, the number of people returning home is lower, and opportunities for resettlement are shrinking. More and more people spend decades in refugee camps or displaced within their own countries, raising their children away from their home …

The Past, Present, And Future Of China-Related Accounting Research, Qiang Cheng, Luzi Hail, Gwen Yu

Research Collection School Of Accountancy

This discussion makes several observations regarding the past 25 years of China-related accounting research reviewed in Lennox and Wu (2022). First, we discuss factors of supply and demand that led to the rise of China-related studies and how this growth has contributed to the internationalization of accounting research. We note that the taxonomy of the literature by geographic region rather than topic or methodology is unusual and makes it difficult to formulate a common framework that would help organize the many contributions. Next, we distill distinct patterns in authorship, choice of topics, and asserted contributions of China-related studies. Studies are …

The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi

Research Collection Yong Pung How School Of Law

Just before 1 August 2022, a coffeeshop zi char chain announced that it would impose a 0.1% service charge. This decision was reversed within two weeks due to "customers' reactions".While the rate might appear to be absurdly low and not worth the trouble of imposing, this article suggests that there was more to the situation than first meets the eye. GST regulations require merchants to list GST inclusive prices unless the goods and services are provided by hotels and F&B outlets that are subject to a service charge. The 0.1% rate is thus explicable as a likely attempt to get …

Targeted Sanctions Against Human Rights Violators: A Question Of Efficacy, Jennifer F. Dillard

Honors College Theses

Human rights violations occur all too frequently, with authoritarian regimes at the forefront of abuses. Countries that respect human rights engage in various initiatives, one such example being targeted sanctions to try and stem the tide of human suffering at the hands of unscrupulous dictators. Currently, Uyghurs are victims of genocide in China, dissidents in countries such as Russia and Belarus are falsely imprisoned, and individuals in Saudi Arabia are persecuted and imprisoned solely for advocating for freedom of speech and equality for women. Each of these countries have been the subject of sanctions. This paper seeks to answer the …

Infrastructure's (Supra)Sacralizing Effects: Contesting Littoral Spaces Of Fishing, Faith, And Futurity Along Sri Lanka's Western Coastline, Orlando Woods

Research Collection School of Social Sciences

This paper explores the ways in which infrastructural development can cause the sacred to become a source of political legitimacy, and sacred authority to become a politically charged construct. For resource-dependent communities, the ecological damage caused by infrastructural development can cause ostensibly profane issues to be imbued with sacred meaning and value. With sacralization comes the expectation that figures of sacred authority will campaign for justice on behalf of the communities that they represent. However, when the authority evoked comes from outside the boundaries of institutionalized religion, processes of suprasacralization come into play. By exploring infrastructure’s (supra)sacralizing effects, I demonstrate …

Young Singaporeans Abroad And Their Misguided Sense Of Superiority Towards S-E Asia, Lily Kong

Research Collection School of Social Sciences

In a commentary, SMU President and Lee Kong Chian Chair Professor of Social Sciences Lily Kong –whose research has focused over the decades on social and cultural change in Asian cities – discussed why young Singaporeans can have a misguided sense of superiority towards South-east Asia when they venture abroad. She explained how this could blind them to their neighbours’ hidden strengths. Prof Kong also shared that SMU has sought to actively vest in its students a sound appreciation of growth in Asia. To support this endeavour, the University is launching a series of overseas centres in selected South-east Asian …

Preparing Students For The Future With Integrative Studies, Singapore Management University

SMU Press Releases and News

Singapore Management University (SMU) today hosted the Education Leaders’ Symposium with a theme of “Integrative Studies and the Future of Learning”. The one-day event focused on equipping educators with a knowhow of adopting integrative methodology in their classrooms, to steer students towards integrative learning, a programme offered by SMU College of Integrative Studies (CIS). The Symposium was graced by Guest-of-Honour Mr Chan Chun Sing, Minister for Education, who addressed the audience via a pre-recorded message. In his speech, Mr Chan congratulated SMU on the official launch of its CIS, an incubator of interdisciplinary learning. The CIS is an integral element …

Microcontextual Considerations In Ouster Clause Analysis: A Comparative Study Of Parallel Trends In The United Kingdom And Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

The classic legal approach to legislative ouster clauses in the common law was articulated by the House of Lords in Anisminic Ltd. v. Foreign Compensation Commission. However, recent developments in both the United Kingdom and Singapore indicate a judicial desire to shift away from that approach towards a more flexible analysis of an ouster clause’s effect, centered on the rule of law. This article highlights the significance of those parallel developments, especially given the starkly differing constitutional contexts shaping the approach to ouster clauses in the two jurisdictions. Capitalizing on these trends, it proposes a comparative assessment of the materiality …

Social Performance Feedback And Firm Communication Strategy, Heli Wang, Ming Jia, Yi Xiang, Yang Lan

Research Collection Lee Kong Chian School Of Business

Although corporate social performance has become an important measure of firm performance, there is little understanding about how firms respond to social performance feedback and how impression management may function as an important firm response to the feedback. Building upon and extending the literature on the behavioral theory of the firm and the strategic use of language, we examine how discrepancies between firms’ social performance and their aspiration levels affect how firms use visual expressions in their CSR reports. In addition, we argue that the relationship between social performance discrepancies and the use of visual expressions in CSR reports is …

Politically Speaking: Ethnic Language And Audience Opinion In Southeast Asia, Jacob I. Ricks

Research Collection School of Social Sciences

Language is one of the quintessential markers of ethnicity. It allows co-ethnics to easily identify one another and underscores in-group and out-group boundaries. Recognizing this, politicians frequently employ ethnic tongues to enhance their political appeal. To what extent does this shape the opinions of their audiences? Utilizing a survey experiment, I test the impact of an ethnic tongue against that of the common political language among the Javanese in Indonesia, the Tagalog in the Philippines, and the Isan people in Thailand. The experiment demonstrates that the ethnic language has a significant impact in both Thailand and Indonesia, but there appears …

Foreword

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Holy See: An Institution Like No Other, Jace Bartz

Claremont-UC Undergraduate Research Conference on the European Union

This paper explores the Holy See’s role within the international order of states. Although viewed primarily as a religious institution, the Holy See’s position as a sovereign state and head of a religious body allows it to have a prominent voice on the world stage. I examine the IR theories of constructivism and realism in relation to the Holy See’s influence. This comparison illustrates how the Holy See can affect international action due to its emphasis on diplomacy and peace. I review the history and ability of the Holy See to implement a diplomatic approach to engage with states multilaterally …

Lessons From European Energy Transition: Reality Or Green Dream?, Sky Berry-Weiss

Claremont-UC Undergraduate Research Conference on the European Union

As a looming climate crisis continues to overwhelm the global community and Europe grips with fluctuating fossil fuel prices due to geopolitical tensions, the European Union appears to be rushing to forge a path to renewable energy to forgo dependence on nonrenewable energy sources. Decades ahead of the global community, the European Union has succeeded in its 2020 goals by increasing the share of renewable energy to 20% of overall consumption. Heading towards their strikingly ambitious goals for 2030, this great transition provides a case study that other states should be watching closely. This article analyzes the effects of several …

List Of Abbreviations

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Table Of Contents

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

From Franco's Nightmare To A Globalized Spain: A Cinematic Analysis, Claire Maurer

Claremont-UC Undergraduate Research Conference on the European Union

Spain has had a long history of determining its own identity through successive regime changes, national crises and shifting international alliances. With Las Chicas de la Sexta Planta (Le Guay, 2011), Torremolinos 73 (Berger, 2003), Miente (De Ocampo, 2008) and The Way (Estévez, 2010) as a guide, I examine the distinctive characteristics of Spansh identity across three notable sections of its history: Francoist Spain (1939-1975), “free” Spain (1975-1986), and Spain as a member of the supranational European Union (EU) (1986-), or the European Economic Community (EEC) at that time. These films and time periods help to shed light on important …

Integrated Or Excluded: The Effects Of French Integration Policies On Immigrant Communities From 2000 To 2020, Johanna N. Soleil

Claremont-UC Undergraduate Research Conference on the European Union

Few issues are as important to European politics as integration, though research into the actual effect of integration policies on immigrant communities is sparse in Europe and especially in France. This paper examines through the data available to researchers how immigrant communities compare to native populations in terms of cultural, health, and economic characteristics. To this end the paper is organized as follows: the first section introduces the French political context and the cultural attitude towards immigrants. Next, the various methods of analysis are presented, and each of the previously mentioned attributes is analyzed in the French context as well …

Judging From Above: French Feminists & Their Influence On The Veil Debate, Emma Caroline Delapré

Claremont-UC Undergraduate Research Conference on the European Union

Over the past two decades, the international community has found itself questioning France’s application of laïcité and the egalitarianism it supposedly ensures, particularly regarding veils associated with the Islamic faith. Integral to the face veil debate is the advocacy of French feminists, especially those who identify as pro-ban. Overarchingly, pro-ban feminists argue that the practice of wearing face veils or coverings undermines a French citizen’s obligation to foster cohesion in the public sphere through the acceptance of republican norms. This viewpoint informs the analysis of the state of social division in France undertaken here. The tools of analysis include a …

2015 Syrian Refugee Responses Based On The Strength Of Securitization Discourse, Jacob M. Decarli

Claremont-UC Undergraduate Research Conference on the European Union

This paper seeks to answer the question: Why were policy responses to the 2015 Syrian refugee "crisis" so different in Germany and the UK? I argue that these policies were driven by public opinion about migrants and immigration. Germany adopted a more liberal migration policy because of higher approval for refugees entering the country. I argue that this is the result of the degree to which securitization discourse explains different public attitudes towards Syrian refugees in 2015. Specifically, I argue that the greater the strength of securitization discourse, the easier it is to implement restrictive immigration policy. This paper demonstrates …