The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law,
2018
Singapore Management University
The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choice of Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by the co-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, and traditional common law jurisdictional principles within the private international law and procedural rules of a single national jurisdiction. This article highlights several key issues raised by the interaction between the SICC, Hague Convention, and common law jurisdictional rules, and proposes solutions to streamline these three sets …
The Transnational Judicial Dialogue Of The Supreme Court Of Canada And Its Impact,
2018
Osgoode Hall Law School of York University
The Transnational Judicial Dialogue Of The Supreme Court Of Canada And Its Impact, Klodian Rado
PhD Dissertations
Through personal interviews with ten current and former judges of the SCC, case analyses, a review of archival documents, and a quantitative examination of all judgments between 20002016, this study offers a comprehensive exploration of the mechanisms, extent, purpose, and effects of transnational judicial dialogue of the SCC and its justices. Contrary to expectations, SCC participation in this dialogue does not occur only through the citation of foreign judgments. Instead, the SCC incorporates almost all forms of non-domestic legal sources of both an international and a comparative nature (legal mechanisms). However, the judicial dialogue resulting from genuine engagement, interactions, and …
The Issues Of Ratification And Joining The Convention On “Simplifying Border Crossing In International Railway Transport Of Passenger, Luggage And Cargo Luggage”,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
The Issues Of Ratification And Joining The Convention On “Simplifying Border Crossing In International Railway Transport Of Passenger, Luggage And Cargo Luggage”, E. Axundjanov
Review of law sciences
In this article the author considered issues on the adherence and ratification of the Convention on Facilitation of the crossing of frontiers for international railway transport of passengers, baggage and load-luggage. As well as in the article, the content of the norms of some international acts relating to this issue was analyzed.
Improvement Of International-Legal Cooperation Of Uzbekistan For Development Of Tourism,
2018
University of World Economy and Diplomacy, Tashkent, 100077, Uzbekistan
Improvement Of International-Legal Cooperation Of Uzbekistan For Development Of Tourism, S Usmanova
Review of law sciences
The author analyzes role of international cooperation in sustainable development of tourism in Uzbekistan. In this article it is given legal assessment to the partnership of the UNWTO and European Union (EU) with the Republic of Uzbekistan in the field of developing tourism. The bilateral legal norms between these subjects of international law contextually the important and last tendencies of touristic sphere are noted by the author. There are being developed conclusions and proposals on strengthening institutional collaboration of UNWTO and EU in the Republic of Uzbekistan.
Organization Of The Groups Of Investigation And Operative Investigation As A Form Of International Cooperation On Criminal Cases,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Organization Of The Groups Of Investigation And Operative Investigation As A Form Of International Cooperation On Criminal Cases, D.Sh. Umarxanova
Review of law sciences
This article analyzes the mechanism and legal basis for the establishment of joint investigation and operative investigation teams as one of the new forms of legal assistance in criminal matters. The author also put forward proposals for amendments and additions to the national legislation in the field of establishment of joint investigation and operative investigation teams for international criminal cooperation.
Tourism As A Factor Of Regional Economic Development On The Example Of Asean Countries,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Tourism As A Factor Of Regional Economic Development On The Example Of Asean Countries, M Bahramova, M. Eshonkulov
Review of law sciences
In the article the recommendations on the development of the instruments in terms of attracting foreign tourists in the local and regional level by exploring the experience of ACEAN countries are given by the author.
Public Order Concept In Uzbek Legislation,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Public Order Concept In Uzbek Legislation, A. Khakimov
Review of law sciences
In recent years, expansion of internal and international trade have become the most pressing issue for Uzbekistan and its Government. In transnational business transactions, often disputes are referred to foreign courts or international arbitrations for adjudication. At that moment, many states utilize the principle of ‘public order’ to reject enforcing or recognizing of foreign courts’ decisions. In this article, will be tried to explain how about that infamous rule in Uzbek Private International Law.
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All,
2018
Harvard Law School
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran
Journal of Contemporary Archival Studies
This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the …
Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges,
2018
South Texas College of Law
Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Proxy Access Voting: Evaluating Proxy Access And The Recent Phenomenon Of Corporations Adopting Shareholder Protective Policies,
2018
University of San Diego
Proxy Access Voting: Evaluating Proxy Access And The Recent Phenomenon Of Corporations Adopting Shareholder Protective Policies, Danielle Vukovich
San Diego International Law Journal
Shareholders hold a financial stake in a corporation, and therefore are often viewed as owners of the corporation and believed to be in control for all corporate actions. However, their powers are circumscribed. Board of directors committees nominate directors to serve the corporation and these directors have the power to select the corporation’s officers. The committees provide shareholders a slate of proposed directors that are voted on and approved at the annual shareholder meeting. Shareholders may also propose their own slate of directors, but this typically requires a proxy contest, which can be expensive due to the costs both associated …
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort,
2018
University of San Diego
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell
San Diego International Law Journal
Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs …
Foreword,
2018
University of San Diego
Foreword, Christina M. Nielsen
San Diego International Law Journal
The overwhelming reoccurring theme in this nineteenth edition of the San Diego International Law Journal centers on the international effects of recent domestic political changes in the United States. Whether a compelling factor or working in the background without express recognition, President Trump remains a point of interest in many of the articles published this academic year. Each article is distinct in legal policy and analysis and covers diverse legal topics.
Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt,
2018
University of San Diego
Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji
San Diego International Law Journal
This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality. …
Legal Responses To The European Union’S Migration Crisis,
2018
University of San Diego
Legal Responses To The European Union’S Migration Crisis, Graham Butler
San Diego International Law Journal
The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the issue. …
Regulating Fintech: Lessons From Africa,
2018
University of San Diego
Regulating Fintech: Lessons From Africa, Anton Didenko
San Diego International Law Journal
Technological innovation in finance (“FinTech”) has been on the rise in recent years, creating new challenges for regulators. These challenges vary significantly depending on the region in question and type of economy, not least because different technologies are applied to tackle different problems. This Article focuses on regulatory frameworks of two leading jurisdictions in terms of FinTech development in Sub-Saharan Africa: Kenya and South Africa. As the developments in the region cannot be analyzed in isolation from the global trends in FinTech regulation, this Article approaches the matter systematically. It starts by clarifying the existing terminology and preparing a comprehensive …
The Uncertain Future Of Australia’S Pacific Solution,
2018
University of San Diego
The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam
San Diego International Law Journal
The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and …
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective,
2018
U.S. Naval War College
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
International Law Studies
In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not have the …
Book Review: Business And Commercial Litigation In Federal Courts (Fourth),
2018
Penn State Dickinson Law
Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts,
2018
Penn State Dickinson Law
Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel,
2018
Penn State Dickinson Law
One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
