International Law

    • 21 Mar 2016

    Humanitarian Crisis in Syria: International Law, Genocide and the Responsibility to Protect

    by John M. B. Balouziyeh 1 Introduction The Syrian Civil War has triggered a humanitarian crisis of biblical proportions. At the time of this writing, 4.3 million Syrians had registered with UNHCR and at least 7.6 million more had been internally displaced within Syria. Today, more than half of the Syrian population has been displaced, a phenomenon almost without precedent in human history. Each year, the headlines...
    • 9 Nov 2015

    Islamic Banking Industry: Concept, Transactions and Supervision

    The Gulf Cooperation Council Countries (GCC) Experience Glossary of Arabic Terms Sharia: Islamic Law rules and provisions. Fatwa : A legal opinion or pronouncement made by a Sharia board, or an Islamic scholar on any matter pertinent to sharia law. Gharar : Describes a risky or hazardous sale, where the details of the sale contract are unknown or uncertain. Haram : Forbidden Ijarah : Leasing contract...
    • 6 Oct 2015

    Day-After-Safe Harbor Action Plan

    by Boris Segalis , Marcus Evans and Jay Modrall As we have written extensively, the European Court of Justice’s (ECJ’s) ruling in the Schrems case on October 6, 2015 may effectively invalidate the US-EU Safe Harbor framework. While we believe that the Advocate General’s rationale for the proposal is weak, organizations that rely on the Safe Harbor are anxious about the consequences such a decision...
    • 5 Jan 2015

    Tax Inversions and the Middle Market

    By now, most of us have heard that Burger King has bought Tim Hortons. However, most of us do not know the reason. Corporate synergies, perhaps? Well, what if I told you that Burger King has the opportunity to substantially decrease its tax liability if it was able to change its corporate headquarters? That is exactly why Burger King purchased the Canadian café chain. This practice has increased in popularity over...
    • 5 Jan 2015

    John Balouziyeh and Jonathan G. Burns on Just War Theory: The Perspectives of Christianity, Islam and Modern International Law Compared

    by John Balouziyeh and Jonathan G. Burns Cultures have explored political, philosophical and religious grounds of just war and the legality of use of force. International law distinguishes between jus ad bellum, laws that regulate recourse to the use of armed force, and jus in bello, the rules governing the conduct of war once armed hostilities have commenced. This first category of laws will be examined in light of...
    • 5 Jan 2015

    BOOK REVIEW: "A Brilliant, Much-Needed Resource" - Raj Bhala’s Understanding Islamic Law (Shari‘a) By John Balouziyeh

    Raj Bhala’s Understanding Islamic Law (Shari‘a) (LexisNexis, Understanding Series 2012) A Brilliant, Much-Needed Resource By John Balouziyeh Professor Raj Bhala’s Understanding Islamic Law ( Shari‘a ) (LexisNexis, Understanding Series 2012; US $45 paperback, US $34 ebook; 1,455 pages) is a much-needed, deeply insightful work on Islamic law. The book, recognizing that the Shari ‘a...
    • 5 Jan 2015

    Israël, la Palestine et la Cour pénale internationale

    Israël, la Palestine et la Cour pénale internationale Par John M. B. Balouziyeh, Esq. 1. Introduction Avec la résolution A/67/L.28 à propos du statut de la Palestine à l'Organisation des Nations Unies (O.N.U.) qui été adoptée à une majorité écrasante à l'Assemblée générale le 29 Novembre 2012, le statut...
    • 5 Jan 2015

    Palestinian Statehood under International Law

    Palestinian Statehood under International Law An Analysis and Discussion by John M. B. Balouziyeh, Esq. 1. Introduction General Assembly Resolution A/67/L.28 on the Status of Palestine at the United Nations was adopted on November 29, 2012 by a vote of 138 in favor to nine against and forty one abstentions. The Resolution, which has upgraded the status of the Palestinian Authority from a United Nations permanent...
    • 28 Aug 2014

    Mediation of Multi-Party Maritime Cases

    by Robert S. Glenn Jr. A colleague called me a few years ago seeking a referral. He was looking for a mediator with a rather unique set of characteristics. The mediator should be able to speak Portuguese, be familiar with contracts of affreightment (have drafted them, if possible), be familiar with English arbitration and English law, but not be a London solicitor. Try as we might, we could not find a mediator who...
    • 26 Aug 2014

    They Can’t Have it Both Ways: Why States Cannot Fight Sex Trafficking While Simultaneously Legalizing Prostitution

    The following is an excerpt from a law student note by Chelsea Swanson, 2015 J.D. candidate at the University of Georgia. Footnotes have been omitted. A .pdf version of the entire note, including footnotes, can be downloaded from the link below the post. I. Introduction They would not call it slavery, but some other name . . . . It has been called by a great many names, and it will call itself by yet another name;...
    • 15 Aug 2014

    Anti-Money Laundering -- Dealing with Politically Exposed Persons

    by Prof. William H. Byrnes IV and Dr. Robert J. Munro Introduction A Politically Exposed Person (PEP) is a person that has been delegated with a powerful, foreign public position either formerly or currently. Family members and close associates of the person in a political position are also considered to be Politically Exposed Persons. For the purpose of Politically Exposed Persons, family members include: spouse...
    • 8 Jul 2014

    Book Review: International Criminal Procedure: Principles and Rules

    Authors: Göran Sluiter (ed.), Håkan Friman (ed.), Suzannah Linton (ed.), Sergey Vasiliev (ed.), Salvatore Zappalà (ed.) “A monumental study that consolidates and organizes the rules governing the burgeoning field of international criminal procedure” International Criminal Procedure: Principles and Rules (Oxford University Press, 2013; 1,728 pages, £295.00) is the outcome of the...
    • 9 Jun 2014

    Supreme Court Denies Cert, Refuses To Consider Order Compelling Arbitration

    WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 9 denied a petition for certiorari filed by a seaman who sought review of a decision that his injury-related claims must be arbitrated under his employment contact with a cruise line ( Mahaveer Singh v. Carnival Corp. , No. 13-1203, U.S. Sup.; See November 2013, Page 10). Injury Mahaveer Singh sued Carnival Corp. in a Florida state court, asserting...
    • 6 Jun 2014

    Pitfalls of the Madrid Protocol – Just Ask Fiat

    Italian car maker Fiat sought to extend the protection in the United States of an international registration for the trademark FIAT 500 for “retail store and on-line retail store services featuring a wide variety of consumer goods and others.” Fiat’s U.S. application was based on its international registration under the Madrid Protocol. The Madrid Protocol allows a single international application to...
    • 14 Apr 2014

    Russia’s Annexation of Crimea: An Analysis under the Principles of Jus ad Bellum

    Introduction The Legality of the Use of Force under the UN Charter In the devastating aftermath of World War II, the international community came together to prohibit the use of force in international relations. The Charter of the United Nations ( Charter or CUN ) became the formal codification of the rules governing the use of force ( jus ad bellum ). Under the Charter, war was no longer the prerogative of sovereign...
    • 15 Jan 2014

    Ponzi Schemes Now Illegal in Kazakhstan

    The President of Kazakhstan has signed a law criminalizing Ponzi schemes and significantly toughening the penalties for those involved with Ponzi schemes. President Nursultan Nazarbayev signed the law, which amended Kazakhstan's criminal code by allowing the imposition of prison terms for those convicted of organizing Ponzi schemes. The new law is a reaction to the proliferation of Ponzi schemes in Kazakhstan, with...
    • 7 Jan 2014

    Goldberg Segalla LLP on The Rise and Implications of the Chinese Insurance Industry

    by Daniel W. Gerber and Richard J. Ahn This commentary discusses the headway that Chinese insurers have made in their short history of existence, the implications of the rising Chinese insurance industry, and the potential they have on insurers and practitioners globally. This commentary was prepared by the co-chair of Goldberg Segalla's Insurance Services Practice Group, and co-authored by another member of the...
    • 2 Jan 2014

    Stanley W. Elkind on New Developments Relating to Piercing the Corporate Veil in Canada: Choc v Hudbay Minerals Inc., 2013 ONSC 1414

    by Stanley W. Elkind The idea of a corporation being an independent legal personality, distinct from its shareholders and directors, has been entrenched as a fundamental aspect of corporate law since the late 1800's with a case called Salomon v Salomon & Co Ltd [1897] AC 22. This decision out of the United Kingdom affirmed that, at law, a corporation is a separate person. Throughout the years, however, this...
    • 20 Dec 2013

    Veneta Hristova on the Latest Amendments to the Bulgarian Investment Promotion Act and its Implications in Relevant Legislation

    Excerpt: The continuing economic crisis in Bulgaria has become a reason for the significant reduction of the amount of foreign investment in the country in the last years. This fact motivated the Cabinet and the Parliament, together with a large number of economic and business organizations, to enter into a broad public discussion about the causes and possible solutions of this difficult situation. This dialogue resulted...
    • 16 Dec 2013

    Sumeet Kachwaha on the New Challenges and Opportunities for India in Bilateral Investment Treaties

    by Sumeet Kachwaha Excerpt: In the early 1990's India was confronted with a very bleak fiscal scenario. It took a bold decision to move away from its socialist path and embrace economic reform, liberalise the economy and attract foreign investment. As part of this effort, India entered into a host of BITs. Recently this has gone into rough weather and India is faced with a spate of high stake BIT disputes. The...
    • 11 Dec 2013

    Hiba Husseini on Secured Transactions Regimes in Emerging Arab Market Economies

    by Hiba Husseini Access to credit is one limitation on growth in Arab economies. Secured transactions laws leave borrowers unable to leverage while lenders struggle to manage uncertainty created by outdated laws. Reform can reduce lender risk and increase credit. With an open regime eliminating barriers, setting clear priority rules, maintaining public registries and enforcing security agreements, Arab economies can...
    • 10 Dec 2013

    Péter Mezei on the Most Recent Amendments to Hungarian Copyright Law

    Hungary amended its copyright regime many times in the last two years. Amendments relate to collective rights management, terms of protection granted to musical performers and phonogram producers, moral rights and criminal law relating to copyright. The Parliament seeks to amend the copyright system further. One proposal is to implement the EU's Orphan Works Directive. This paper presents a review of the key elements...
    • 9 Dec 2013

    Marco Mazzeschi on the Status of Implementation of the Blue Card Directive

    by Marco Mazzeschi Excerpt: The EU directive 2009/50 of May 29, 2009 (the so called "Blue Card Directive") was approved to improve the EU's ability to attract highly qualified workers from third countries.The aim was not only to enhance EU competitiveness in the global market but also to limit the flow of brain drain, for example non-EU students who have completed their university and could be attracted...
    • 6 Dec 2013

    DLA Piper: Tougher Product Liability Provisions Following The Release Of Long-awaited Amendments To Consumer Rights And Interests Protection Law In China

    By Sammy Fang and Moore Lu Download PDF The rise of consumerism in China over the past ten years, accompanied by huge increases in domestic consumption, has spurred greater regulatory enforcement in the area of product liability, as well as greater willingness by consumers to seek legal remedies in China. In recent years, and in response to major food safety scandals and public outcry, the Chinese government has focused...
    • 6 Nov 2013

    Ivars Mēkons on Crucial Moment for International Investment Law

    In the 1970s a large group of States attempted to subject protection of foreign investments to the overall interests of the Host State; they viewed any self-standing international rule for the protection of investments as obsolete. A problem now exists in the application of Bilateral Investment Treaties, contrary to what could be sensibly expected. This article presents four dangerous traits present in BITs and suggestions...