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 law firms with offices around the world that provide their clients with legal services for all their international ventures. In this context, foreign legal consultants (FLCs) have become a common feature of the legal profession. FLCs are foreign lawyers supplying legal services abroad by advising on international law, their home country’s laws, or on the laws of a third country where they are qualified.

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The Human Rights And Wrongs Of Foreign Direct Investment: Addressing The Need For An Analytical Framework

By: David Shea Bettwy

 

The absence of a global legal framework to hold multinational corporations (“MNCs”) accountable for human rights abuses has long been a concern of human rights activists, and is now receiving widespread attention as part of a worldwide movement against corporate abuses.1 This article re-examines the relationship between foreign direct investment (“FDI”) and international human rights. It concludes that human rights can be promoted more effectively by developing a framework to identify and to make operational the positive human rights impacts of FDI, in conjunction with, rather than in opposition to, a rights-based approach. To be accurate and therefore effective, a separate framework should be designed to measure the influence of FDI on human rights conditions.

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Arab Spring Brings Winds of Change to the Maghreb and MENA Region: Does that Spell Opportunity for Infastructure Development and Project Finance?

By: Silvano Domenio Orsi

 

Turmoil and revolution accompanied the 2011 Arab Spring, beginning in Tunisia and spreading to Egypt and Libya, bringing change across the Maghreb and Middle East and North Africa (“MENA”) region. Whether any of the new political, institutional or social reforms that might be implemented will actually work to attract international investment in the region, or work to increase opportunities for project finance and infrastructure development in general, remains to be seen.

The outlook seems positive, however, especially in key areas such as clean energy, infrastructure development, and projects that export power, oil, gas, water, and renewable energy to more developed and energy-starved nations. Positive predictions by key players heavily involved in the region, such as the World Bank and EBRD, are also beginning to surface as the uprisings begin to subside, and as the region begins to favour new democracy, foreign investment, and greater social reform.

 

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Doing Business in Egypt After the January Revolution: Capital Market and Investment Laws

By: Radwa S. Elsaman, Ahmed A. Alshorbagy

 

Despite the Egyptian economy’s remarkable growth during the last decade, unequal treatment at law and unfair distribution of wealth led to the Revolution on January 25, 2011. The Revolution affected investment in Egyptian markets. Reforming business laws— specifically the Capital Market and Investment Laws— has become essential to restore confidence in Egyptian markets. These two branches of business law have undergone many developments over the years, which have improved them significantly. Legal compliance, however, remains a major concern. This Article surveys the economic activity in Egypt from a legal perspective. It evaluates Egyptian laws affecting economic activity by analyzing the effectiveness and shortcomings of relevant laws, and proposing the necessary amendments to those laws in light of the Revolution’s impact.

 

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Pakistan’s Failed Commitment: How Pakistan’s Institutionalized Persecution of the Ahmadiyya Muslim Community Violates the International Covenant on Civil and Political Rights

By: Qasim Rashid

 

Pakistan’s ICCPR violations and state-sanctioned persecution of religious minorities have created a breeding ground for extremism. It should be no surprise, therefore, that Bruce Riedel of the Brookings Institution described Pakistan as “probably the most dangerous country in the world” today.3 This phenomenon directly impacts the United States and the international community at large because it creates an environment to develop and export extremism. The United States and United Nations must work together to recognize the plight of millions of Pakistani citizens who belong to a religious minority, and work to afford them the basic ICCPR-guaranteed freedoms they deserve. Silence in the face of Pakistan’s clear violations of international law will only strengthen extremist ideologies within the country and abroad. Pakistan’s current state of affairs pertaining to human rights is dismal. With a proper understanding of the gravity of the situation and a unified international effort, however, Pakistan can be held accountable to full ICCPR compliance.

 

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From Russia with Love: The EU, Russia, and Special Relationships

By: Eric Engle

 

This paper compares the institutions and goals of the USSR, the EU, and the CIS to understand the differing origins and competing tendencies of these alternative models of transnational governance. It then projects those models through history to examine the current relationships of the former Soviet Republics to the EU and the United States. Understanding the historical sources and development of transnational relations in Eastern Europe will enable better international relations among the EU, the Russian Federation, and the other former Soviet Republics. This comparison will also help the Russian Federation and other former Soviet Republics to take up EU models of governance where appropriate (most often the case) in order to help restructure Eastern Europe, and to safeguard peace by increasing economic prosperity and interdependence.

 

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The North American Free Trade Agreemetn: Looking at the Binational Panel System Through the Lens of Free Enterpresie Fund

By: John J. Garman and Matthew K. Bell

 

This paper examines the constitutionality of the binational panels of the North American Free Trade Agreement (“NAFTA”) under the United States Constitution. Part I provides an overview of the binational panel process. Part II outlines the process for challenging the constitutionality of binational panels and the obstacles that must be overcome. Part III discusses possible violations of the Due Process Clause. Part IV analyzes the constitutionality of binational panels under Article II of the United States Constitution. Part V examines the constitutional implications of Article III with respect to the absence of judicial review. Part VI is a case-by-case analysis of previous attempts to challenge the constitutionality of binational panels. The conclusion illustrates how binational panels may violate Article II, Article III, and the Due Process Clause of the 5th Amendment.

 

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Misuse and Abuse of Legal Argument by Analogy in Transjudicial Communication: The Case of Zaheeruddin v. State

By: Amjad Mahmood Khan

 

This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly analogized to numerous U.S. Supreme Court authorities to bolster and legitimize its deeply flawed decision.

 

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Tort Liabilities and Torts Law: The New Frontier of Chinese Legal Horizon

By: Mo Zhang

 

China did not have a single body of torts law until 2009. As a new piece of legislation in the country, the Torts Law of China, effective as of July 1, 2010, forms a comprehensive framework that regulates torts and provides a legal mechanism to govern liabilities and remedies. A product of the civil law tradition, common law practice and Chinese reality combined, adoption of the Torts Law is hailed in China as an important move toward a civil society that is ruled by law.

The Torts Law premises torts on the fault liability with a few exceptions where the non-fault liability is imposed. Structurally, the Torts Law is distinctive in that it stresses principles and rules of general application, and in the meantime prescribes peculiar tortfeasors and special torts that need to be dealt with differently. In substance, the Torts Law is ambitious because it intends to embrace not only traditional torts but also the newly developed area of torts. In many aspects, the Torts Law is also keen to maintain the Chinese characteristics.

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Cleaning Up the Mess: the Economic, Environmental, and Cultural Impact of U.S. Military Base Closures on Surrounding Communities

By: Elizabeth M. Myers

 

Today, many military bases have become financial burdens on the federal government, as the military’s needs and systems have changed drastically since the end of the Cold War.1 The federal government has discovered it can save a significant amount of money by shutting down unnecessary installations and shifting the work to ongoing bases.2 The federal government can also make money by selling the land of former military bases to surrounding communities or private companies.

 

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