Author: rjglbadmin

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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