Pub Date : 2017-10-16DOI: 10.1504/IJPL.2017.10008269
A. Nawafleh
This paper explores the current legislation on private international law in the UK and the UAE in relation to electronic contracts and torts. It highlights issues responsible for deepening the uncertainty and confusion surrounding contracts and torts performed by electronic means - issues that remain unaddressed in UAE legislation. In particular, the paper addresses the absence of adequate provision for choice of law and jurisdiction in the environment of electronic consumer contract and torts. The UAE could address these issues by learning from the experience of the UK when making reforms and instigating future legislation. The paper concludes that, with regard to electronic consumer contracts, the UK provides superior legislation to that of the UAE.
{"title":"Electronic contracts and torts in the UK and the UAE private international law","authors":"A. Nawafleh","doi":"10.1504/IJPL.2017.10008269","DOIUrl":"https://doi.org/10.1504/IJPL.2017.10008269","url":null,"abstract":"This paper explores the current legislation on private international law in the UK and the UAE in relation to electronic contracts and torts. It highlights issues responsible for deepening the uncertainty and confusion surrounding contracts and torts performed by electronic means - issues that remain unaddressed in UAE legislation. In particular, the paper addresses the absence of adequate provision for choice of law and jurisdiction in the environment of electronic consumer contract and torts. The UAE could address these issues by learning from the experience of the UK when making reforms and instigating future legislation. The paper concludes that, with regard to electronic consumer contracts, the UK provides superior legislation to that of the UAE.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"31 1","pages":"299"},"PeriodicalIF":0.0,"publicationDate":"2017-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74744892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-16DOI: 10.1504/IJPL.2017.10008254
Olaitan O Olusegun
Life is sacred and as such, all human beings crave to utilise all available means to sustain living. This is one desire that is pitched against the reality of human life, which is attached to the health conditions of human organs. Organ transplantation therefore, is a potential solution to achieve replacement of damaged human organs. However, this opportunity is not fully available in Nigeria due to the several constraints and challenges involved in such transplants. This paper therefore examines the challenges affecting Nigerians who wish to have a better chance of a quality healthy life with new organs. It found that the challenges of organ transplantation such as the need for regulation, lack of public awareness, high cost of transplantation and inadequate facilities in hospitals are all factors that hinder an efficient process of organ transplantation. These factors thus need to be resolved in order to make progress.
{"title":"Challenges of organ transplantation in Nigeria","authors":"Olaitan O Olusegun","doi":"10.1504/IJPL.2017.10008254","DOIUrl":"https://doi.org/10.1504/IJPL.2017.10008254","url":null,"abstract":"Life is sacred and as such, all human beings crave to utilise all available means to sustain living. This is one desire that is pitched against the reality of human life, which is attached to the health conditions of human organs. Organ transplantation therefore, is a potential solution to achieve replacement of damaged human organs. However, this opportunity is not fully available in Nigeria due to the several constraints and challenges involved in such transplants. This paper therefore examines the challenges affecting Nigerians who wish to have a better chance of a quality healthy life with new organs. It found that the challenges of organ transplantation such as the need for regulation, lack of public awareness, high cost of transplantation and inadequate facilities in hospitals are all factors that hinder an efficient process of organ transplantation. These factors thus need to be resolved in order to make progress.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"16 1","pages":"205"},"PeriodicalIF":0.0,"publicationDate":"2017-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90038901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-16DOI: 10.1504/IJPL.2017.10008265
Maria Kaban, R. Sitepu
Pluralism of inheritance law in Indonesia proves that there has been no unification of inheritance law in Indonesia; instead, customary law on inheritance, Islamic law on inheritance and European Civil Code (ECC) law on inheritance have continued up until now. As land is one of the objects in the inheritance, it is highly likely that the conflict over customary lands, unless followed-up, would lead to disputes. Such conflict over the inheritance of customary lands is the leading factor of customary land disputes. The Karonese people living in the district of Karo have a variety of ways to resolve the inheritance disputes over their customary lands, such as through perumah begu, Runggun, and the district court. In common practice, Karonese people prefer to resolve their disputes based on the local customary law rather than to proceed the disputes to the district court.
{"title":"The efforts of inheritance dispute resolution for customary land on indigenous peoples in Karo, North Sumatra, Indonesia","authors":"Maria Kaban, R. Sitepu","doi":"10.1504/IJPL.2017.10008265","DOIUrl":"https://doi.org/10.1504/IJPL.2017.10008265","url":null,"abstract":"Pluralism of inheritance law in Indonesia proves that there has been no unification of inheritance law in Indonesia; instead, customary law on inheritance, Islamic law on inheritance and European Civil Code (ECC) law on inheritance have continued up until now. As land is one of the objects in the inheritance, it is highly likely that the conflict over customary lands, unless followed-up, would lead to disputes. Such conflict over the inheritance of customary lands is the leading factor of customary land disputes. The Karonese people living in the district of Karo have a variety of ways to resolve the inheritance disputes over their customary lands, such as through perumah begu, Runggun, and the district court. In common practice, Karonese people prefer to resolve their disputes based on the local customary law rather than to proceed the disputes to the district court.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"8 1","pages":"281"},"PeriodicalIF":0.0,"publicationDate":"2017-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79022192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-16DOI: 10.1504/IJPL.2017.10008250
Fifi Junita
The resource nationalism policy over natural resources is the existing policy affecting resource rich states nowadays. This policy has greatly affected mining regulation and foreign mining investment in developing states. Indonesia as one of the resource rich states is not sterile from the influence of resource nationalism policy by basing this policy on the Article 33 of the 1945 Constitution (fourth amendments). The revival of resource nationalism policy has substantial impact upon the foreign investment regulatory regime in Indonesia. There has been a tendency that new mining law and its implementing regulation have shifted to the adoption of the resource nationalism policy. This study will firstly analyse the extent to which the policy of resource nationalism has affected mining regulatory regime in Indonesia. This study also demonstrates that the resource nationalism policy has resulted in the increase of state control over mining resources and the limitation of foreign ownership over natural resources in mining industry. The adoption of resource nationalism policy which is coupled with the lack of regulatory governance has increased regulatory risk in foreign mining investment in Indonesia. Accordingly, this will also have a significant implication on the bilateral investment treaty (BIT) that has been established between Indonesia and other jurisdictions globally. Therefore, this study proposes policy recommendations for resolving this issue.
{"title":"Foreign mining investment regime in Indonesia: regulatory risk under the revival of resource nationalism policy","authors":"Fifi Junita","doi":"10.1504/IJPL.2017.10008250","DOIUrl":"https://doi.org/10.1504/IJPL.2017.10008250","url":null,"abstract":"The resource nationalism policy over natural resources is the existing policy affecting resource rich states nowadays. This policy has greatly affected mining regulation and foreign mining investment in developing states. Indonesia as one of the resource rich states is not sterile from the influence of resource nationalism policy by basing this policy on the Article 33 of the 1945 Constitution (fourth amendments). The revival of resource nationalism policy has substantial impact upon the foreign investment regulatory regime in Indonesia. There has been a tendency that new mining law and its implementing regulation have shifted to the adoption of the resource nationalism policy. This study will firstly analyse the extent to which the policy of resource nationalism has affected mining regulatory regime in Indonesia. This study also demonstrates that the resource nationalism policy has resulted in the increase of state control over mining resources and the limitation of foreign ownership over natural resources in mining industry. The adoption of resource nationalism policy which is coupled with the lack of regulatory governance has increased regulatory risk in foreign mining investment in Indonesia. Accordingly, this will also have a significant implication on the bilateral investment treaty (BIT) that has been established between Indonesia and other jurisdictions globally. Therefore, this study proposes policy recommendations for resolving this issue.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"8 1","pages":"181"},"PeriodicalIF":0.0,"publicationDate":"2017-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90554316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-16DOI: 10.1504/IJPL.2017.087339
Nkemdilim Itanyi, S. Anya
Copyright is listed in the exclusive legislative list1 in the Constitution of the Federal Republic of Nigeria 1999 (as amended)2. Accordingly, relevant statutes vest original jurisdiction over copyright matters in the Federal High Court3. The Federal High Court Act provides that the Federal High Court should adopt summary trial in all criminal proceedings before it4. Thus, persons accused of criminal infringement of copyright are tried summarily at the Federal High Court. Meanwhile, Section 36(6)(a) and (b) of the Constitution guarantees the right of every person charged with a criminal offence to prompt and detailed information on the nature of the offence against him and the right to be given adequate time and facility for the preparation of his defence. This paper contends that summary trial of persons accused of copyright crimes at the Federal High Court is inconsistent with these constitutionally guaranteed rights to fair hearing. The paper recommends amendments to the law to enable the trial of copyright offences to be by information.
{"title":"Is summary trial of copyright crimes consistent with right to fair hearing","authors":"Nkemdilim Itanyi, S. Anya","doi":"10.1504/IJPL.2017.087339","DOIUrl":"https://doi.org/10.1504/IJPL.2017.087339","url":null,"abstract":"Copyright is listed in the exclusive legislative list1 in the Constitution of the Federal Republic of Nigeria 1999 (as amended)2. Accordingly, relevant statutes vest original jurisdiction over copyright matters in the Federal High Court3. The Federal High Court Act provides that the Federal High Court should adopt summary trial in all criminal proceedings before it4. Thus, persons accused of criminal infringement of copyright are tried summarily at the Federal High Court. Meanwhile, Section 36(6)(a) and (b) of the Constitution guarantees the right of every person charged with a criminal offence to prompt and detailed information on the nature of the offence against him and the right to be given adequate time and facility for the preparation of his defence. This paper contends that summary trial of persons accused of copyright crimes at the Federal High Court is inconsistent with these constitutionally guaranteed rights to fair hearing. The paper recommends amendments to the law to enable the trial of copyright offences to be by information.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"58 1","pages":"219"},"PeriodicalIF":0.0,"publicationDate":"2017-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84584634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-08-20DOI: 10.1504/IJPL.2015.066717
Narumon Saardchom
The optimal clearing margin levels are crucial for default risk management system of a clearing house. The margin levels must be conservatively high enough to provide financial protection in the default loss event, but not too high to cause market liquidity problem. A static margin setting can result in a margin level which is too high. This paper proposes a dynamic margin setting model and methodology based on value-at-risk with simulated exponentially weighted moving average (EWMA) volatilities. The EWMA model gives the largest weight to the most recent innovation, which makes the dynamic setting of the margin levels more plausible. Based on the worst-case-scenario approach, the optimal margin levels can be set by choosing the model parameters as their maximum values from across different historical periods. The back test shows that the margin setting model is not sensitive to any chosen sample period. Both optimal margin level and back test can be run on a daily basis.
{"title":"Dynamic margin setting with EWMA volatilities","authors":"Narumon Saardchom","doi":"10.1504/IJPL.2015.066717","DOIUrl":"https://doi.org/10.1504/IJPL.2015.066717","url":null,"abstract":"The optimal clearing margin levels are crucial for default risk management system of a clearing house. The margin levels must be conservatively high enough to provide financial protection in the default loss event, but not too high to cause market liquidity problem. A static margin setting can result in a margin level which is too high. This paper proposes a dynamic margin setting model and methodology based on value-at-risk with simulated exponentially weighted moving average (EWMA) volatilities. The EWMA model gives the largest weight to the most recent innovation, which makes the dynamic setting of the margin levels more plausible. Based on the worst-case-scenario approach, the optimal margin levels can be set by choosing the model parameters as their maximum values from across different historical periods. The back test shows that the margin setting model is not sensitive to any chosen sample period. Both optimal margin level and back test can be run on a daily basis.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"532 1","pages":"49"},"PeriodicalIF":0.0,"publicationDate":"2015-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77890233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-01-05DOI: 10.1504/IJPL.2015.066716
L. Daradkeh
The argument of this paper is based on the fact that since the methods of enforcement of foreign arbitral awards are different from their counterparts which are provided for foreign judgements. The question arises as to whether foreign arbitral award merged into judgement will be enforced by methods of enforcement pertaining to foreign awards or those pertaining to foreign judgments in UAE.
{"title":"The enforcement of foreign arbitral award merged with foreign judgement under the United Arab Emirate Civil Procedure Law","authors":"L. Daradkeh","doi":"10.1504/IJPL.2015.066716","DOIUrl":"https://doi.org/10.1504/IJPL.2015.066716","url":null,"abstract":"The argument of this paper is based on the fact that since the methods of enforcement of foreign arbitral awards are different from their counterparts which are provided for foreign judgements. The question arises as to whether foreign arbitral award merged into judgement will be enforced by methods of enforcement pertaining to foreign awards or those pertaining to foreign judgments in UAE.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"74 1","pages":"41"},"PeriodicalIF":0.0,"publicationDate":"2015-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83736990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-01-05DOI: 10.1504/IJPL.2015.066714
A. Chandrawulan
This paper looks into the role of the multinational corporations in Indonesia from a historical perspective. There are a number of examples with regard to the role played by these companies and also the steps taken by the Government of Indonesia to regulate them. This paper concludes that the presence of multinational companies among others can improve the living standards of most of the local economy and provide income for the state with nearly 50% of Indonesia's exports by multinational companies, although on the other hand, the presence of multinational companies has changed the political and legal order of Indonesia.
{"title":"The role of multinational corporations in Indonesian economic development through foreign direct investment and international trade","authors":"A. Chandrawulan","doi":"10.1504/IJPL.2015.066714","DOIUrl":"https://doi.org/10.1504/IJPL.2015.066714","url":null,"abstract":"This paper looks into the role of the multinational corporations in Indonesia from a historical perspective. There are a number of examples with regard to the role played by these companies and also the steps taken by the Government of Indonesia to regulate them. This paper concludes that the presence of multinational companies among others can improve the living standards of most of the local economy and provide income for the state with nearly 50% of Indonesia's exports by multinational companies, although on the other hand, the presence of multinational companies has changed the political and legal order of Indonesia.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"371 1","pages":"1"},"PeriodicalIF":0.0,"publicationDate":"2015-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80475510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-01-05DOI: 10.1504/IJPL.2015.066718
A. Mohamed
Sexual harassment is one of the contemporary silent issues in academic setting in the schools and institution of higher education. The above subject has become a climax discourse and heatedly debated in various sectors in the recent past. A number of theoretical and empirical studies have demonstrated that sexual harassment has a tendency of causing long term psychological disturbances to the victims. Despite of advocacy of no discrimination between female and male in education, sexual harassment in schools and higher educational institutions in Malaysia is drastically prevalent. This paper therefore explores the domestic laws of Malaysia dealing with sexual misconduct against the students and its adequacy.
{"title":"Sexual misconduct in academic setting: domestic law and practice in Malaysia","authors":"A. Mohamed","doi":"10.1504/IJPL.2015.066718","DOIUrl":"https://doi.org/10.1504/IJPL.2015.066718","url":null,"abstract":"Sexual harassment is one of the contemporary silent issues in academic setting in the schools and institution of higher education. The above subject has become a climax discourse and heatedly debated in various sectors in the recent past. A number of theoretical and empirical studies have demonstrated that sexual harassment has a tendency of causing long term psychological disturbances to the victims. Despite of advocacy of no discrimination between female and male in education, sexual harassment in schools and higher educational institutions in Malaysia is drastically prevalent. This paper therefore explores the domestic laws of Malaysia dealing with sexual misconduct against the students and its adequacy.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"33 1","pages":"59"},"PeriodicalIF":0.0,"publicationDate":"2015-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86278484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-01-05DOI: 10.1504/IJPL.2015.066713
O. Sibanda
This paper determines if the South African application of the weighted–average methodology in anti–dumping cases is compatible with the WTO rules, with particular reference to the case of Frozen Meat of Fowls - Brazil, ITAC Report No. 389. Recently, the South African anti–dumping regime, the fourth oldest in the world, has been alleged to be inconsistent with the World Trade Organization (WTO) rules. On 21 June 2012 Brazil challenged of the anti–dumping duties South Africa imposed on Brazilian frozen chicken imports. According to Brazil, South Africa was attempting to violate the WTO rules with impunity against the country's obligations under the General Agreement on Tariffs and Trade (GATT 1994) and Agreement on Implementation of Article VI of the GATT 1994 (AD Agreement).
{"title":"The weighted average price determination in anti–dumping in South Africa: is there fowl play?","authors":"O. Sibanda","doi":"10.1504/IJPL.2015.066713","DOIUrl":"https://doi.org/10.1504/IJPL.2015.066713","url":null,"abstract":"This paper determines if the South African application of the weighted–average methodology in anti–dumping cases is compatible with the WTO rules, with particular reference to the case of Frozen Meat of Fowls - Brazil, ITAC Report No. 389. Recently, the South African anti–dumping regime, the fourth oldest in the world, has been alleged to be inconsistent with the World Trade Organization (WTO) rules. On 21 June 2012 Brazil challenged of the anti–dumping duties South Africa imposed on Brazilian frozen chicken imports. According to Brazil, South Africa was attempting to violate the WTO rules with impunity against the country's obligations under the General Agreement on Tariffs and Trade (GATT 1994) and Agreement on Implementation of Article VI of the GATT 1994 (AD Agreement).","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"41 1","pages":"14-29"},"PeriodicalIF":0.0,"publicationDate":"2015-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76214437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：