The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty,
2019
Brooklyn Law School
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
Brooklyn Journal of International Law
After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.
Forging Taiwan’S Legal Identity,
2019
Brooklyn Law School
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan,
2019
University of Washington School of Law
Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan, Awi Mona
Washington International Law Journal
Transitional justice has received considerable attention in recent years in Taiwan. Despite all this attention, transitional justice is an issue that remains incomplete without addressing justice for indigenous peoples. This paper aims to focus on the essential characteristics of indigenous justice against the successive alien regimes. Though the fact that the national apology to indigenous peoples may have broken new ground in the government’s relationship with indigenous peoples, the common understanding of transitional justice has caused significant bitterness and frustration for indigenous peoples. Until the core significance of indigenous justice is essentially resolved, the existing uncertainty about reconciliation with indigenous …
A Global Analysis Into Loot Boxes: Is It "Virtually" Gambling?,
2019
University of Washington School of Law
A Global Analysis Into Loot Boxes: Is It "Virtually" Gambling?, Kevin Liu
Washington International Law Journal
The video game industry has expanded rapidly in recent years by implementing a microtransaction business model and expanding to a new market of mobile gaming. However, the introduction of loot boxes has been controversial; similar to gambling, gamers pay real money for a randomized microtransaction for a chance to win a random virtual prize of perceived value. Additionally, the items won from these loot boxes, such as cosmetic skins, can potentially be used to bet on other games of chance or even on the outcomes of competitive esports games. With the ease of online payments, the use of manipulative operant …
Directors' Duties In Singapore: Law And Perceptions,
2019
Singapore Management University
Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan
Research Collection Yong Pung How School Of Law
It is trite that the law on directors' duties is an important part of corporate governance. It is therefore unsurprising that a large part of extant research in the area is focused on understanding what the law requires, and how it applies or should apply in any particular situation. Such research is however largely reactive. In our research, we set out to look at duties from the perspective of the directors, with a view to appreciating how Singapore directors understand the law as it applies to them. The impetus for this is three-fold: First, to assess the depth of awareness …
The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis,
2019
Chinese University of Hong Kong
The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee
Research Collection Yong Pung How School Of Law
In April 2018, Hong Kong issued new listing rules to introduce the dual-class share structure, also known as weighted voting rights (WVR), under which a special class of shareholders’ voting rights are conferred disproportionately with respect to their equity interest. The WVR was used in Hong Kong in the 1980s but was banned in 1989. The debate on the WVR was rekindled by the Alibaba event in 2013. The WVR structure has benefits and costs. Thus, Hong Kong lays down relevant supporting mechanisms, including entry requirements, disclosure requirements and safeguard requirements. The WVR regime in Hong Kong appears to be …
Compensating Regulation Of Land: Uk And Singapore Compared,
2019
Singapore Management University
Compensating Regulation Of Land: Uk And Singapore Compared, Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
The paper aims to analyse and compare how UK and Singapore deal with compensation with respect to regulation of land (short of a physical taking). The purpose is to determine whether the non-compensation in each jurisdiction is justified. A comparative method using case law, statutes and secondary material across both jurisdictions (as well as some US case law) is adopted. Both the UK and Singapore do not provide compensation when land is affected by regulation, so long as a physical taking has not occurred. Partly because of the abolition of development rights in the UK since 1947, this position may …
Can Restorative Justice Processes Help Improve Plea Bargaining In Uganda’S Criminal Justice System?,
2019
Pepperdine University
Can Restorative Justice Processes Help Improve Plea Bargaining In Uganda’S Criminal Justice System?, Hannah Gray
Pepperdine Dispute Resolution Law Journal
No abstract provided.
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment,
2019
William & Mary Law School
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Challenging The Constitutionality Of Private Prisons: Insights From Israel,
2019
William & Mary Law School
Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration,
2019
University of Maine School of Law
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Ocean and Coastal Law Journal
People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …
The Elusive Object Of Punishment,
2019
University of Michigan Law School
The Elusive Object Of Punishment, Gabriel S. Mendlow
Articles
All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute’s elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; …
Should The United States Adopt Crs?,
2019
The Chinese University of Hong Kong
Should The United States Adopt Crs?, Noam Noked
Michigan Law Review Online
The United States' one-sided approach to tax transparency might lead to an unprecedented clash with the European Union (EU) in the near future. In light of the EU's deadline for the United States, the U.S. Treasury and Congress should urgently engage in a discussion on whether the United States should adopt the Common Reporting Standard (CRS) for automatic exchange of financial account information. A recent report from the U.S. Government Accountability Office considered this issue and did not recommend adopting CRS. This Essay discusses the contents of the report, as well as important considerations that were left out of the …
Misunderstanding Judy Norman: Theory As Cause And Consequence,
2019
University of Miami School of Law
Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney
Articles
Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …
A Reformulated Test For Unconscionability,
2019
Singapore Management University
A Reformulated Test For Unconscionability, Vincent Ooi, Walter Yong
Research Collection Yong Pung How School Of Law
Apart from its interesting facts, this case, BOM v BOK [2018] SGCA 83, is significant for its rejection of a “broad” doctrine of unconscionability, the existence of which has been a matter of some debate in English law, and which has been accepted in Australia (see Commercial Bank of Australia Ltd v Amadio (1983) 151 C.L.R. 447; (1983) 46 A.L.R. 402). It also proposes a new test for the doctrine of unconscionability that is narrower than Amadio, based on the requirements inCresswell v Potter [1978] 1 W.L.R. 255. The test for unconscionability in English law has been a matter of …
Fiduciary Principles In Chinese Law,
2019
University of Michigan Law School
Fiduciary Principles In Chinese Law, Nicholas C. Howson
Book Chapters
This chapter examines the principles of fiduciary doctrine that are found in Chinese law, with a particular focus on developments in law and regulation in the People’s Republic of China (PRC) after the early 1980s. It also considers the advent and elaboration of what the Anglo-American legal system calls “corporate fiduciary duties,” including partnership fiduciary duties. The chapter first provides an overview of basic conceptions of corporate fiduciary duties that entered Chinese law and practice through at least three separate tracks: academic, regulatory, and jurisprudential. It then explores corporate and partnership fiduciary duties after 2006, placing emphasis on corporate law …
The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform,
2019
Global Public Policy Institute, Berlin
The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna
Notre Dame Journal of International & Comparative Law
Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol to the Convention on Cybercrime, …
Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy,
2019
University of Notre Dame Law School
Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell
Notre Dame Journal of International & Comparative Law
This Article focuses on parental leave in the United States, which mostly relies on the Family and Medical Leave Act (FMLA), and compares it to parental leave policies in other countries, particularly Sweden. While the FMLA has many drawbacks, Sweden and other countries have robust and progressive leave plans that the United States should look to in amending the FMLA or adopting a new parental leave policy.
Letter From The Editor,
2019
University of Notre Dame Law School
Letter From The Editor, Lara Thiele
Notre Dame Journal of International & Comparative Law
No abstract provided.
Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime,
2019
Transitional Justice Institute at Ulster University, Belfast, UK
Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime, Thomas Obel Hansen
Notre Dame Journal of International & Comparative Law
The International Criminal Court (ICC) is currently conducting a preliminary examination of the situation in Palestine, involving allegations against Israeli authorities and military personnel as well as what the Prosecutor refers to as “Palestinian armed groups.” The preliminary examination creates a framework for advancing accountability norms in the Palestinian context and globally for international crimes committed by States with significant resources. However, the road to accountability is anything but straightforward. Indeed, several challenges relating both to the applicable legal framework and broader policy issues, could delay—or potentially even undermine—the accountability process, if not properly understood and managed. One particularly important …
