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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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 …

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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 …

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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 …

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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 …

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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 …

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Jul 12

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 …

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Dec 30

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 …

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