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. … [Read more…]

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 … [Read more…]

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 … [Read more…]

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 … [Read more…]

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 … [Read more…]