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 appeal to the United Kingdom Supreme Court, there was concern in the international arbitration community that more common restrictions on the qualifications of arbitrators related to national origin might also be subject to challenge. In that regard, two major international arbitration rule sets give preference to the appointment of arbitrators who are not of the same national origin as any of the parties.3 These international rule sets may have needed to change, at least when used in England, if Jivraj v. Hashwani had withstood appeal to the Supreme Court.

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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 trafficked around the world, and between 14,500 and 17,500 of those individuals are trafficked into the United States each year for purposes ranging from domestic servitude and forced labor, to prostitution and other forms of sexual exploitation, to organ harvesting.2 Although human trafficking dates back to the slave trade, improvements in communication and transportation in recent decades, combined with the latest global financial crisis, have led to an exponential increase in the number of people traded around the world each year. Advances in transportation have increased the ease and decreased the time required to move human cargo from one side of the world to the other, privatization and liberalization of markets have created more accessible marketplaces, and improvements in technology have increased the volume and complexity of international financial transactions.

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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 isolation, the country has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international economic sanctions, and the protracted process of approving a constitution and forming a new democratically elected government.5 Iraq still faces massive challenges for rebuilding its legal and economic institutions and infrastructure internally, while re-engaging with regional and multilateral trading partners externally. The nation’s emergence from war, and efforts to build the foundations of stable governance and economic growth, provides a fascinating case study for analyzing new international norms espoused by the United Nations and international economic organizations promoting the “rule of law” in post-conflict countries.

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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 Lukashenko’s rule, the authorities have quashed nonviolent demonstrations, imprisoned political adversaries, and dominated media outlets. 3 After thousands of Belarusians protested Lukashenko’s reelection in December 2010, the Belarusian president further clamped down on the public’s right to assemble.4 In addition, seven opposing candidates found themselves behind bars.

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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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