By: Stephen Joseph Powell and Trisha Low As World Trade Organization (“WTO”) Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent …
Apr 05
Chinese Border Disputes Revisited: Toward a Better Interdisciplinary Synthesis
By: Roda Mushkat China has long been embroiled in a wide array of territorial disputes and has occasionally flexed its military muscle in the process. Its conduct in such situations has been of great theoretical and practical relevance and has attracted considerable attention from scholars across the socio-legal spectrum. Researchers in the field of international law have carefully surveyed …
Apr 05
IOSCO: The World Standard Setter for Globalized Financial Markets
By: Antonio Marcacci As the current endless crisis clearly proves, world financial markets are closely interconnected. In order to provide a legal backdrop, a soft-law body, named the International Organisation of Securities Commissions (IOSCO), was established and tasked with encouraging an efficient flow of capital. Funded as a Pan-American, and subsequently worldwide, forum more than thirty years ago, IOSCO …
Apr 05
Is the Middle East Moving Toward Islamism After the Arab Spring? The Case Study of the Egyptian Commercial and Financial Laws
By: Radwa S. Elsamen and Ahmed Eldakak The first parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats in parliament, suggesting that they may intend to amend many laws to bring parliament into compliance with Islamic Shari’a. This article addresses legal challenges that will face the …
Oct 12
Business Insolvency And The Irish Debt Crisis
By: Paul B. Lewis Among the volume of material written about the Irish debt crisis and its impact over the past few years, strikingly little has been written about the ability to save a financially distressed company under Irish law and whether corporate restructuring could have mitigated some of the financial damage to Irish …
Oct 12
Arbitration Agreements That Discriminate In The Selection And Appointment Of Arbitrators
By: Jeff Dasteel In 2010, an English appellate court rocked the world of international arbitration when it declared that a provision in an arbitration agreement restricting the selection of arbitrators to members of a particular religious group violated European Union laws banning discrimination in employment.2 While the case of Jivraj v. Hashwani was on …
Oct 12
Targeting Demand: A New Approach To Curbing Human Trafficking In The United States
By: Morgan Brown On December 6, 1865, Congress ratified the Thirteenth Amendment to the United States Constitution, and with it, released the last 40,000 slaves in the U.S. South. And yet today, 150 years after Abraham Lincoln gave notice of the Emancipation Proclamation, it is estimated that as many as 27 million individuals are …
Oct 12
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries
By: Christina C. Benson The Mesopotamian valley between the Tigris and Euphrates rivers once served as a cradle of civilization, and grew into a crossroads of commerce and culture at the intersection of strategic international trade routes.4 Today, Iraq stands at a geographic, historic, and economic crossroads. Finally emerging from decades of conflict and …
Jul 12
Opportunistic Discipline: Using Eurasian Integration To Improve Sanctions Against Belarus
By: Ilya Zlatkin “The last true dictatorship in the heart of Europe.”1 Since former United States Secretary of State Condoleeza Rice coined this phrase in 2005, this less than flattering title has clung to Belarus.2 For its part, however, the former Soviet republic’s government has done enough to maintain the moniker. Under President Alexander …
Jul 12
Legal Services In India: Is There An Obligation Under The GATS Or Are There Policy Reasons For India To Open Its Legal Services Market To Foreign Legal Consultants?
By: Arno L. Eisen The globalization of trade and business has led to a globalization of legal services1 and a growing demand for legal advice that transcends the borders of one jurisdiction. Clients often prefer to have one legal adviser rather than several in different jurisdictions. This has led to the development of international …