Category Archive: Print Journal

Jul 10

Back to the Bad Old Days: President Putin’s Hold on Free Speech in the Russian Federation

By: Rebecca Favret   This paper addresses new laws promulgated in Russia that restrict freedom of speech. Each implicitly reflects the Kremlin’s hostility toward political dissidence in the aftermath of serious protests following President Putin’s reelection and elections to the legislature. Disturbed by the outcry, which took place in cities across Russia but also infiltrated …

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Jul 10

Deepening Confidence in the Application of CISG to the Sales Agreements Between the United States and Japanese Companies

By: Yoshimochi Taniguchi   Parties to contracts between U.S. and Japanese companies usually agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) from the sales agreement due to concerns about how the CISG will be interpreted and/or incompatibility with U.S. or Japanese law or both. …

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Jul 10

Legal Stability Contracts in Colombia: An Appropriate Incentive for Investments?

By: Alvaro Pereira   Current global economic order is openly dependent on foreign direct investment (FDI). At least since the 1990’s, developing countries have competed to attract FDI because it is considered the best source of technology, employment, and financial resources. Colombian Law 963 of 2005, which is a response to said competition, allows the …

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Jul 10

The Rule of Law, Constitutional Reform, and the Death Penalty in The Gambia

By: Andrew Novak   This article explores the murky constitutionality of the death penalty in The Gambia. This article will pay particular attention to the apparent contradiction between the legislature’s abolition of the death penalty for drug trafficking as unconstitutional and the Supreme Court’s decision in Lang Tombong Tamba upholding the death penalty for treason. …

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Jul 10

International Convergence on the Need for Third Parties to Become Internet Copyright Police (But Why?)

By: Dennis S. Karjala   The inexpensive, rapid, and massive copying possibilities that digital technologies and the Internet make available have brought issues of enforcement of copyright and related intellectual property rights into strong focus. Rightowners, of course, retain all of the rights they have always had against infringers whom they can identify and who …

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Apr 05

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?

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 …

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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 …

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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 …

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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 …

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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 …

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