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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Dec 30

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 …

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Dec 30

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 …

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Oct 14

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 …

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Oct 14

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 …

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Oct 14

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 …

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Oct 14

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 …

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Dec 30

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 …

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