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Authors (Full Papers): A - B

 

Click the link indicating the scholarly author's last name to view the abstract of their paper for presentation.

 

A - B   |   C - E   |   F - G   |   H - J   |   K - L   |   M - O   |   P - S   |   T - Z

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Abe, Oyeniyi O. (Nigeria): Deepening Regional Intergration and Organising World Trade: The Limits of ECOWAS

 

Adrian, Angela (Australia): How much privacy do clouds provide? The Future of Privacy Regulation in an Online World

 

Adolf, Huala (Indonesia): The Recent Development on the Enforcement of Foreign Arbitral Awards in Indonesia

 

Ai'min, Qi and Xing, Chen (China): The Chinese Approach to Spam Regulation Legislation

 

Alanazi, Badar (Australia): Investor Protection and the Effectiveness of the Judicial Enforcement of the Securities Laws in Saudi Arabia

 

Anyanova, Ekaterina (Russia): Delimitation of the Aegean Sea

 

Aquilina, Kevin (Malta): The Independence of the Maltese Broadcasting Regulatory Authority: Legend, Wishful Thinking or Reality?

 

Barclay, Courtney A. (USA): A Comparison of Proposed Legislative Data Privacy Protections in the United States

 

Bhandari, Mahendra Kumar (India): Imprints of Liberalization, Privatization and Globalization on Third World Economies with focus on India

 

Boezaart, Trynie (South Africa): The child's objection and the Child Abduction Convention: Lessons from South Africa?

 

Botha, Monray and Millard, Daleen (South Africa): On Duty! Or Not? The Past, Present And Future Of Vicarious Liability In South Africa

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Deepening Regional Intergration and Organising World Trade: The Limits of ECOWAS by Oyeniyi O. Abe, College of Law, Afe Babalola University Ado-Ekiti, (ABUAD), Nigeria.

 

Mr. Oyeniyi O. Abe, Lecturer-in-Law, College of Law, Afe Babalola University, Ado-Ekiti, (ABUAD), Nigeria.Oyeniyi Abe obtained his Bachelor of Arts in English Language from the University of Ado-Ekiti, Nigeria, Bachelor of Laws from the University of Benin, Nigeria and LLM in International Business Law from the Central European University, Budapest, Hungary. His LLM research was based on 'Enforcement of Foreign Arbitral Award in Nigeria.' He was called to the Nigerian Bar in November in 2009. He has since been practicing as a lawyer in the city of Lagos, with a bias for alternative dispute resolution and transaction litigation. He is currently a Lecturer in Law at the Department of Private and Property Law of the Afe Babalola University, Ado-Ekiti. He teaches International Commercial Law, Law of Contract and Alternative dispute resolution. He is currently conducting a research on the determinants of good corporate practices in Nigeria and the limits of law in curbing its excesses.

Abstract

This article explores the policy foundations behind regional trade in sub-Saharan Africa with particular focus on West Africa and its application in practice. It criticizes the relevance of the Economic Community of West African states (ECOWAS) and questions its effect on the primacy of the multilateral trading established under the World Trade Organization (WTO). This work delves into an important analysis of the purport and essence of such agreements that tend to unite a particular region. The essence of any regional trade agreement is to ensure that such region develops and grows geometrically. To achieve this, the particular Member States of the region must align their domestic policies with the policies of the agreement. The thematic strand that runs through this work is the hypothetical question whether this Treaty is a building block or stumbling block for the WTO.

 

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How much privacy do clouds provide? The Future of Privacy Regulation in an Online World by Dr. Angela Adrian, Southern Cross University New South Wales, Australia.

 

Dr Adrian is a dual qualified lawyer in Louisiana and the UK. Her specialisms include Intellectual Property, Information Technology, International Trade, and Criminal Law. She has two Masters degrees with distinction in Business & Management (Schiller International University) as well as in Commercial Law (University of Aberdeen). She obtained her Juris Doctorate at Loyola University, New Orleans. Dr Adrian published her PhD from Queen Mary, University of London as a monograph entitled “Law and Order in Virtual Worlds: Exploring Avatars, their Ownership and Rights”. Currently, she is a Senior Lecturer at Southern Cross University, co-author of the 4th edition of “Intellectual Property: Text and Essential Cases”, and Editor of the International Journal of Intellectual Property Management.

 

 

Abstract

Cloud computing is becoming the standard operating process, communications system and underlying infrastructure of the internet. This is of paradigm-shifting significance to the law. Multinationals, such as Google, Amazon, Apple, Facebook, and Microsoft, own and operate the cloud computing infrastructure of the internet as well as influencing its culture. They have been called the Four Horsemen of Technology and consider Microsoft their inspiration (Levy, 2011). Business can now be transacted at the speed of thought. The digital nervous system that Bill Gates envisioned is blossoming as cloud computing. However, sovereign nations can no longer effectively regulate the telecommunications systems within their borders without the tacit compliance of these cloud operating multinationals. The aim of this paper is to determine whether or not cloud computing infrastructure can support privacy regulation yet remain practical.

 

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The Recent Development on the Enforcement of Foreign Arbitral Awards in Indonesia byHuala Adolf, Faculty of Law, Universitas Padjadjaran, Bandung, Indonesia.

 

Huala Adolf is professor of international law at the Faculty of Law, Universitas Padjadjaran in Bandung, Indonesia. He teaches international law, international dispute settlement, and arbitration. He is also the chairman of center for the arbitration and alternative dispute resolution at the Faculty of Law, Universitas Padjadjaran.

 

 

 

 

Abstract

The issue of the enforcement of foreign arbitral awards in Indonesia has become very much controversial. Many commentators have given their comments and analysis on this issue. Much of the comments however, seem to be, to some degree, negative. This article highlights the recent development on the Indonesian court's position, especially the Supreme Court, in the enforcement of the foreign arbitral awards. This article argues that based on the recent cases, the Indonesian court has shown its support to foreign arbitration awards. This gives a better sign and better appreciation and respect to arbitration.

 

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The Chinese Approach to Spam Regulation Legislation by Dr. Qi Ai'min and Chen Xing, Chongqing University, China.

 

Dr. Qi Ai'min is a Professor at the Law School, Chongqing University (China). He holds a Bachelor of Philosophy, Master of Civil Law, and PhD in Civil Law from Wuhan University. His primary research areas include Intellectual Property Law, E-commerce Law, Personal Information Protection Law and cyber law. He is a pioneer of E-commerce Law and Information Law in China. He has written and published a number of academic articles and books, and presented papers at national and international conferences. He was an expert and representative in the delegation sent by Ministry Of Foreign Trade and Economic Cooperation of People's Republic of China, through this department was able to attend the Second Electronic Contracting Convention in Vienna in 2002, held by the United Nations Commission on International Trade Law Working Group on Electronic Commerce.

 

 

 

 

 

 

Chen Xing is a PhD student from Chongqing University (China). He holds two Bachelor degrees of Arts and Laws, and Master of Laws. His research interests include Intellectual Property Law, Privacy and Personal Information Protection Law, and Cyber Law. He has presented a paper on "Study on the Legal Issues of Regulating Spam" at 23rd International Conference on Information Management at University of Kaohsiung, Taiwan. Dr. Qi Ai'min is a Professor at the Law School, Chongqing University (China). He holds a Bachelor of Philosophy, Master of Civil Law, and PhD in Civil Law from Wuhan University. His primary research areas include Intellectual Property Law, E-commerce Law, Personal Information Protection Law and cyber law. He is a pioneer of E-commerce Law and Information Law in China. He has written and published a number of academic articles and books, and presented papers at national and international conferences. He was an expert and representative in the delegation sent by Ministry Of Foreign Trade and Economic Cooperation of People's Republic of China, through this department was able to attend the Second Electronic Contracting Convention in Vienna in 2002, held by the United Nations Commission on International Trade Law Working Group on Electronic Commerce.

 

Abstract

China, as one of the top ten sources of spam, has enacted the regulation the Measures for the Administration of Internet E-mail Services, which is administrative rules for spam regulation. This paper reviews the course of China's spam legislation, introduces and comments on the basic content of the Measures, and discusses the approach to improve China's anti-spam legislation in future combined with the basic theory of spam regulation. This paper analyzes the conflict between the sender's freedom of speech and the recipient's privacy and personal information right and seeks the solution. This paper proposes that the Implied Deny Regime which is more in line with the Chinese needs of economic and society development may be adopted in the future Chinese anti-spam legislation. Besides enacting a national specialized anti-spam law, China shall endeavor to improve the legislation of privacy and information right, perfect the industry self-discipline norms and promote the anti-spam international legislation.

 

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Investor Protection and the Effectiveness of the Judicial Enforcement of the Securities Laws in Saudi Arabia by Badar Alanazi, University of Wollongong, Australia.

 

 

I am currently in the final stages of the Doctor of Philosophy program at the Faculty of Law, University of Wollongong, Australia. I have practiced law in a respectful law firm in Saudi Arabia where I have handled different cases in different courts and regions. I have participated in different workshops and seminars in the University of Wollongong and the RMB Lawyers which is a leading law firm in south coast region of NSW, Australia. I hold LL.B (King Saud University, Saudi Arabia) and LL.M (Jordan University, Jordan). I intend to submit my thesis final draft for the examination committee by December 2012. My Research Interests are Business Law, Securities Law, Corporations Law, Banking Law and Commercial Law. In brief, I have a combination of legal education, practical experience and skills in academic research.

 

Abstract

The aim of this paper is to discuss the issues affecting the judicial enforcement of securities law in Saudi Arabia from the perspective of investor protection. It draws attention to the importance of investor protection in securities market. An analytical approach to the examination of the relevant legal principles and materials will be adopted in carrying out the present paper. It is submitted that the principal objective of any securities regulation is to provide protection to investors. Investor protection aims to develop the market by increasing investment. The adequacy of the judicial enforcement is significant in terms of the protection of investors. Effective judicial enforcement is the cornerstone of public confidence in the judiciary. Without an efficient enforcement mechanism, securities regulation will be ineffective. Thus, this paper attempts to identify and to remedy the drawbacks of the judicial enforcement of securities law in Saudi Arabia. The present paper comes up with a number of specific suggestions for improving the performance of the judicial enforcement of securities laws.

 

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Delimitation of the Aegean Sea by Dr. iur. Ekaterina Anyanova, Ph.D, LL.M, LLC "LUKOIL-Kaliningradmorneft" Kaliningrad, Russia.

 

 

Ekaterina Anyanova is a Ph.D Student at the Institute of State and Law, Russian Academy of Science (Moscow) and legal adviser at LLC "LUKOIL". She was previously a Rhodes Academy of the Law of the Sea scholar (Greece) , a fellow of the United Nations University, Office in New York and an intern at the International Tribunal for the Law of the Sea (Hamburg). She finished her PhD studies at the University of Hamburg (cum laude) Scholarship of the Friedrich-Ebert-Foundation Associate of the Max Plank Research School , LLM summa cum laude at the University of Hamburg, and graduated Legal Studies from the State University of Kaliningrad (graduated with honours).

Abstract

This article considers the legal aspects of the territorial dispute around the Aegean Sea according to the rules of the international law including the United Nations Convention on the Law of the Sea. The article also addresses the issue of what would be the probable decision of the international arbitration body and what factors the court would take into account in reaching the decision.

 

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The Independence of the Maltese Broadcasting Regulatory Authority: Legend, Wishful Thinking or Reality? by Kevin Aquilina, University of Malta, Malta.

 

 

Kevin Aquilina, is the Dean of the Faculty of Laws of the University of Malta. He holds a doctorate of philosophy in law (Ph.D.) from the London School of Economics and Political Science of the University of London and a doctorate in law from the University of Malta (LL.D.). He lectures on Media Law, Development Planning Law, Public International Law, Environmental Law, Human Rights Law, and Administrative Law. He has held the office of Chief Executive Officer between 2000 and 2009 of the Maltese audiovisual broadcasting regulator – the Broadcasting Authority – and was Chairman of the Planning Appeals Board between 1992 and 2003.

 

Abstract

The paper discusses whether the Maltese broadcasting regulator – the Broadcasting Authority – enjoys elements of independence in its functioning. It argues that although in certain decisions its does enjoy independence from Government and Parliament, there are and have been situations where its independence has been curtailed. It is further argued that the independence of the broadcasting regulator's decision making process is guaranteed but there are situations where the regulator depends on the two organs of the state mentioned above in order to be able to carry out its regulatory functions. If the necessary assistance is not forthcoming, then the Broadcasting Authority cannot perform its constitutional and legal functions. This element of dependence curtails the independent working of the broadcasting regulator. Hence the paper proposes a hierarchy of the degree of regulatory independence and concludes that the Broadcasting Authority unfortunately does not satisfy the criterion of total independence from Government and Parliament.

 

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A Comparison of Proposed Legislative Data Privacy Protections in the United States by Courtney A. Barclay, Syracuse University, USA.

 

 

Dr. Courtney A. Barclay is an Assistant Professor in the S.I. Newhouse School of Public Communications at Syracuse University. She teaches undergraduate and graduate courses in media law. Barclay's research, which has been published and presented at refereed conferences, focuses on First Amendment issues, particularly commercial speech and privacy law. Dr. Barclay holds a Ph.D. in Mass Communication and a Juris Doctor from the University of Florida. She was a law clerk and a Visiting Scholar with the Electronic Privacy Information Center in Washington, D.C.

 

 

Abstract

The use of online consumer tracking methods has raised significant privacy concerns for consumers and policymakers for decades. Advertisers using these methods analyze web-viewing habits to predict consumer preferences and actions. The advertising industry in the United States has promoted self-regulatory principles to respond to these concerns. However, in December 2010, the U.S. Federal Trade Commission reported that these efforts "have been too slow and up to now have failed to provide adequate and meaningful protection." President Barack Obama's administration has supported broader legislation for comprehensive protection of individuals' private data. The leading model for data privacy protection is the 1980 Organization for Economic Cooperation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. This article examines two leading legislative privacy proposals in the context of the OECD principles. This examination concludes that the proposals fill significant gaps in current U.S. privacy laws.

 

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Imprints of Liberalization, Privatization and Globalization on Third World Economies with focus on India by M.K. Bhandari, JNV University, Jodhpur, India.

 

Dr. M.K. Bhandari, M.A., Ph.D. (English) is a Senior Professor (since 2001) at the Faculty of Law, JNV University, Jodhpur, (Rajasthan) India. From 2007-2010 , he was the Dean & Head, Faculty of Law, J.N.V. University, Jodhpur

 

 

 

 

 

 

 

Abstract

The entire world is stirred due to the emergence of Liberalization, Privatization and Globalization (LPG). The World Trade Organisation has further accelerated the process amidst contradictions and controversies. The theme song of LPG is to create competition and allow market forces a free hand with minimal state intervention. The emerging policies and predicaments of LPG have redefined the concept ,nature and the aspects of the State. The process of globalization coupled with related phenomenon of privatization and liberalization, to be impacting the third world economies in general and India in particular. The gains and losses of LPG are percolating down to the towns and villages impacting lives of billions of people. Since last two decades, the process of globalization and the opening up of market economy have given rise to many philosophical and policy crises ,especially in the context of developing economies. The proclaimed WTO objective of inclusive growth, UN mandate of new just and humane international economic order, and the Indian constitutional direction of creating egalitarian socio-economic society appears to be elusive. This paper is an attempt to discuss merit and demerits of LPG vis a vis developing economies with focus on India's tryst with destiny. The paper further seeks to assess and analyse the negative foot prints, such as concentration of wealth in few private players, steep rise in corruption , crisis of food security and environmental degradation. Finally an attempt is made to come out with some viable solutions so as to make globalization more meaningful.

 

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The child's objection and the Child Abduction Convention: Lessons from South Africa? by Trynie Boezaart, Professor and Head of Private Law, University of Pretoria, South Africa.

 

 

 

 

Professor Trynie (CJ) Boezaart (previously Davel) is professor in, and Head of the Department of Private Law at the University of Pretoria. She was the founder of the Centre for Child Law at the University of Pretoria in 1998 and Director thereof until 2008. In 2008 she also acted as a Judge in the North Gauteng High Court. She serves on the Board of the Centre for Child Law and is the chairperson of the Board of CELP (Centre for Education Law and Policy).Trynie Boezaart specialises in Child Law and the Law of Persons. Her publications include textbooks such as Law of Persons (5th ed in 2010), various chapters in books such as Children's Rights in Africa A Legal Perspective, edited by Julia Sloth-Nielsen (2008), and articles in peer reviewed journals, both in South Africa and international. She is the co-editor and contributed a chapter in Commentary on the Children's Act (2007). She is also the editor of and contributed a chapter in Child Law in South Africa (2009).She is a NRF rated scientist and her current research focuses on the rights of vulnerable children.

Abstract

The Hague Convention on the Civil Aspects of International Child Abduction stipulates that the return of a child that has been wrongfully removed is mandatory. However, once a child voices his or her objection to being returned, the Convention affords a judicial discretion whether to return the child. In many jurisdictions the child's objection is seldom recognised by the courts in spite of the important role afforded to child participation in various international and regional documents. The Constitution of the Republic of South Africa, 1996, guarantees the paramountcy of children's best interests in the Bill of Rights and the Children's Act 38 of 2005 and makes legal representation for children in these matters compulsory. Huge strides in hearing and considering children's objection to being returned have since then been made. This paper argues that there are lessons well worth learning from South Africa in this regard.

 

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On Duty! Or Not? The Past, Present And Future Of Vicarious Liability In South Africa by Monray Botha and Daleen Millard, University of Johannesburg, South Africa.

 

Monray Botha ( BLC LLB LLM ,UP); BCom (UP); MCom,UJ) is a Senior lecturer in Mercantile law at the Faculty of Law, University of Johannesburg.

 

 

 

 

 

 

Daleen Millard (née van der Nest) obtained the LLD degree from the University of Johannesburg in 2005/06. She also obtained the degrees BIUR, LLB and LLM from the University of Pretoria and a diploma in Insolvency Law from the Assoiaction of Insolvency Law Practitioners. She is currently employed as an associate professor of law in the Department of Private Law, University of Johannesburg and she specialises in Law of Delict, Law of Damages, Insurance Law and Law of Third Party Compensation. She lectures Social Security Law for certificate students and lectures Law of Delict and Capita Selecta: Mercantile Law to LLB students. She is a member of the Students' medical ethics Committee of the University of Pretoria and have been admitted as an advocate of the High Court of South Africa. She had practised as an advocate and had been a full member of the Pretoria Society of Advocates.

 

Abstract

The recent and some say alarming trend in South Africa to hold employers (and particularly the government) liable for wrongful, culpable acts committed by their employees give rise to difficulties and any inquiry into the possible vicarious liability of the employer should always start by asking whether there was in fact a wrongful, culpable act committed by the employee. If not, there can neither be direct liability of the employee nor vicarious liability by the employer. However, where the employee definitely committed a delict, the next enquiry deals with the relationship between the wrongdoer and his employer at the time of the wrongdoing. It is then often in determining whether the employee was acting in the scope of his employment that normative issues come to the fore and over the years, South African courts have devised tests to determine whether an employee was in fact acting in the scope of his employment or not. It is the purpose of this article to delve a bit deeper into the issue of vicarious liability. Plaintiffs always seek to dig into the deepest pockets and this trend is likely to continue! This article seeks to provide a new perspective on vicarious liability and sets out to sketch a brief historical overview of this form of strict liability in South Africa. It continues to discuss the two recent cases of Charter Hit and F as examples of situations in which vicarious liability arise.In particular, this article seeks to discuss a number of specific issues, first of which is the dilemma around on and off duty employees and the problematic issue of scope of employment.

 

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