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Authors (Full Papers): C - E

 

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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Carducci, Michele and Bruno, Anna Silvia (Italy): The Brics countries as a legal dynamic network and the multilevel "hard" EU regional structure. A comparative survey

 

Chambers-Jones, Clare (UK): Cyber Economic Crime and Commonwealth Laws

 

Chandrawulan, AnAn (Indonesia): The Liberalization Of Foreign Investment Law In Indonesia

 

Chik, Warren (Singapore): The Singapore Personal Data Protection Bill and an Assessment of Future Trends in Data Privacy Reform

 

Chűrr, Chrizell (South Africa): Mother tongue and mother tongue education: a must or not – the South African context

 

Classen, Liezel (South Africa): Shifting the 'place of effective management' Offshore : A comparison of 'exit tax' for companies migrating from South Africa, Canada and member states of the EU

 

Cornelius, Steve (South Africa): The significance of signature for the validity of a contract in South Africa

 

Dadoo, Yousuf and Cassim, Fawzia (South Africa): The debate regarding Muslim Personal Law in South Africa: Achieving a balancing of interests

 

Daradkeh, Lafi (UAE): Subrugation Doctrine in Insurance Contract: Civil and Common Law Comprative Approach

 

Doondeea, Marvin (UK): Corporate Governance in Emerging Markets: The Development of Insolvency Systems within BRICS

 

El-Din, Rasha Salah and Sugiura, Lisa (UK): To deceive or not to deceive! Legal implications of phishing covert research

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The Brics countries as a legal dynamic network and the multilevel "hard" EU regional structure. A comparative survey by Michele Carducci and Anna Silvia Bruno, University of Salento, Italy.

 

 

Anna Silvia Bruno is a Postdoctoral research fellow in Comparative Constitutional Law at the Department of History, Society, Human Studies, University of Salento, Lecce. She was Fellowship – Young Guest and Doctoral Researches' at the University of Oslo (Norway), Visiting Research Scholar at the UNISINOS and UNISC (Brazil); Visiting Research Scholar at the Benjamin Cardozo School of Law – Yeshiva University, New York (USA). She won several scholarship, among them, at the University of Umeå, Sweden; at the University of Dublin (Ireland); at the Fordham University School of Law, New York. She was Speaker at the Critical Legal Conference 2010: "Great Expectations – Multiple Modernities and Law", Utrecht and Speaker at the VII World Congress of Constitutional Law organized by the (IACL-AIDC) International Association of Constitutional Law. She is member of the Euro-American didactic-center for constitutional politics, at the Faculty of Social and communication Sciences (University of Salento) and Member of the Instituto Ibero Americano de Derecho Constitucional (Bologna). She is author of more than 30 publications.

 

 

 

 

 

 

 

 

MICHELE CARDUCCI is Full Professor of Comparative Constitutional Law in the University of Salento – Italy. Before Salento, he taught in the Universities of Parma and Urbino. Once taken the Doctorate in Constitutional Law, he studied in the Universities of Vienna, Münster and Erlangen (Germany), and Carlos III of Madrid. CNR scholarship in the Pontificia Universidade Católica de São Paulo in Brasil, in 2003 he was Professor Estrangeiro Visitante for the UNISINOS-Rio Grande do Sul, within the program FAPERGS on designation of Prof. Dr. José Luis Bolzan De Morais. He was also Visiting Reseracher in the Cardozo School of Law (NY) and Visiting Professor in the Universidad Autónoma de Tlaxcala in México, the Pontificia Universidade de Pernambuco, the Pontificia Universidade Católica do Paraná (Curitiba), and in the Pontificia Universidad Católica del Perú. In 2003, he was awarded of the Diploma of Alta Distinção da Cultura Juridica Comenda Jurista "Tobias Barreto" from the Instituto Brasileiro de Estudos do Direito of Recife, and he is "membro honorario" of the "Instituto de Direito Constitucional e Cidadania". Past Coordinator of the international Doctorate in Legal, Political and Social Compared Systems in the University of Lecce, he was european referent of Circulo Constitucional Euro Americano. Now he is President of the "Sezione Italiana del Instituto Iberoamericano de Derecho Constituticional". The didactic and scientific activities of the last years have been developed and based on five trends of experiences of teaching and study: 1. Latin-American (and Brazilian in particular) Law and Theory; 2. Legal Transplant and Legal Translation; 3. Comparative Regionalisms; 4. Judicial Dialogue; 5. "Constitutional Borrowing". Now he is Dean of the "Facoltà integrata di Scienze della Formazione e Scienze Politiche e Sociali" (University of Salento).

Abstract

The paper analyses the role of the BRICS countries, the New Leading Powers on the global scenario. The BRICS countries are not a supranational legal order, nor an international organization or a simple interlocutory summit. They can be described as a "legal network" able to produce legal flow of policy transfer and constitutional borrowing. As an international "atypical" subject, as a 'soft', 'fragmentable' model, they represent an alternative to the imitation of the mono Continental and multilevel 'hard' EU regional structure and contribute to the "fragmentation" of international law and European law itself. Furthermore, as a knowledge producer, the BRICS phenomenon it is creating new parameters, new bonds, new opportunities, strongly affected by the 'scale of values' of each single country.

 

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Cyber Economic Crime and Commonwealth Law by Clare Chambers-Jones, Bristol Law School, University of the West of England, UK.

 

Dr Clare Chambers-Jones, Associate Professor at the University of the West of England, (2001 LLB Glamorgan University) PhD in Financial Exclusion and Banking Regulation (2004 Bournemouth University) FPC (2004 Chartered Institute of Insurers) PGCert in Academic Practice (2007 Bournemouth University) PGCert in Research Supervision (2008 Bournemouth University). Clare has worked in the City of London with Grant Thornton and subsequently Morgan Stanley, where she worked as an investment banking legal and compliance officer for Europe. Her research interests are banking law, financial education, financial exclusion, alternative financial delivery mechanisms, cyber law and crime jurisdiction and mobile finance. She has researched prolifically on the subject of cyber jurisdiction and criminal actions on an international level.

 

 

Abstract

The aim of this paper is to discuss the legal issues affecting commonwealth countries in terms of virtual/cyber financial crime. Virtual financial crime or cyber financial crime is where acts of fraud money laundering etc… take place over the internet. Virtual financial crime is a present and real threat to global economies and creating an international agreement to prevent, detect and punish virtual criminals is an increasing problem for governments and law enforcement agencies. This paper will consider the role of the Commonwealth in virtual financial crime and provide two cases studies, in Australia and Nigeria, whose domestic jurisdictions aim to tackle cyber financial crime and how they draw upon commonwealth and international legislation for domestic purposes. It will discuss the jurisdictional elements in which the commonwealth should consider in line with more international laws and technological enforcements that can be used to prevent cybercrime will be examined. Finally the paper will use these commonwealth jurisdictions as an example of how global regulators could use it to promote a joined up response to virtual financial crime.

 

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The Liberalization Of Foreign Investment Law In Indonesia by AnAn Chandrawulan, Faculty of Law, Universitas Padjadjaran, Bandung, Indonesia.

 

Dr. An An Chandrawulan SH LLM holds Master of Laws Degree of Faculty of Law , Khatolieke University of Leuven Belgium on International Business Law and Doctor of Laws Degree of Faculty of Law University of Padjadjaran on Multinational Corporation on Liberalitation in Foreign Direct Investment and Internaitonal Trade law. She is senior lecturer in Investment Law, Contract Law (National and International), Economic Law, International Trade Law and Carriage of Goods by Sea. Now She is head of the Private Law Department and Center of Economic Law and Public Policy at Faculty of Law, University of Padjadjaran, Bandung , Indonesia.

 

Abstract

The liberalization of economy are the existing phenomenon affecting developed and developing countries. They too have to agreater extent affected the international trade regulation and foreign investment. As a sovereign state, with its own economic system based on Article 33 of the 1945 Constitution and Pancasila, Indonesia must have to adopt itself to the era of globalization and liberalization insuch a way that it may be able to partake in the global economy through the international trade and foreign investment..The research seeks to demonstrates, firstly, the globalization and liberalization of economy have increased the economic dependence through international trade and direct foreign investment. In addition, the economic liberalization embodied in the WTO has substantial impact upon the investment regulation in Indonesia. The research also demonstrated that the economic globalization and liberalization are actually against the principle of economic democracy as contained in the 1945 Constitution of the Republic of Indonesia.

 

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The Singapore Personal Data Protection Bill and an Assessment of Future Trends in Data Privacy Reform by Warren Chik, Singapore Management University, Singapore.

 

 

 

 

 

 

Warren Chik (LL.M. International Business Law, University College London (Merit); LL.M. International & Comparative Law, Tulane University (Distinction); LL.B., National University of Singapore (Second Upper Honours ) is an Assistant Professor at the Singapore Management University. He is a member of the Law Reform Committee of the Singapore Academy of Law, and the Executive Director of the International Law Society of Singapore. Warrek was the Deputy Public Prosecutor, Attorney-General’s Chambers, from 1996 to 1998 and the State Counsel (International Affairs), Attorney-General’s Chambers from 1998 to 2003 . He is a recipient of various awards and scholarships such as the following: International Law Commission Scholarship, International Law Commission, United Nations, Genève, Switzerland, 1999; British FCO (Chevening) Scholarship, Foreign & Commonwealth Office, United Kingdom, 2003; Certificate of Distinction in International Commercial Arbitration, World Arbitration and Mediation Report, Juris Publishing, Inc. & Tulane Law School, 2000 ; CALI Excellence for the Future Award in International Commercial Arbitration, National CALI Institute & Tulane Law School, 2000; and the CALI Excellence for the Future Award in Transnational Commercial Litigation, National CALI Institute & Tulane Law School, 2000.

Abstract

In the first part of this paper, I will present and explain the proposed Singapore Data Protection Act in the context of legislative developments in the Asian region and against the well-established international baseline privacy standards. In the course of the above evaluation, reference will be made to the existing national laws and policy on data privacy as well as current social and market practices in relation to personal data. In the second part of this paper, I will decipher and assess the future trends in data privacy reform and the future development of the privacy regime in Singapore and beyond. In the course of this analysis, international standards, technological trends and recent legal developments in other jurisdictions will be considered.

 

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Mother tongue and mother tongue education: a must or not – the South African context by Chrizell Chűrr, Mercantile Law, UNISA, South Africa.

 

 

Chrizell is a a LLD candidate at the Department of Mercantile Law, College of Law, University of South Africa. Her LLD thesis is entitled: "A child's right to a basic education". Chrizell holds the degrees LLB and LLM (with specialisation in Child law) obtained from the University of Pretoria. She is currently a senior lecturer in the Department of Mercantile Law and teaches Insolvency Law for 3rd year LLB students. Her research interests are mainly in the fields of Child law and Insolvency Law. Chrizell is also the author of several articles in accredited law journals.


 

 

Abstract

Mother tongue and mother tongue education are recognised worldwide as one of the most efficient ways to function cognitively and socially. This paper addresses the role of proper mother tongue education with an emphasis on the importance of "language" since language is vital to a child's right to a basic education in all its dimensions. Language is a fundamental right in South Africa and the South African Constitution makes provision for the protection and promotion of all its official languages. Appropriate mother tongue education will have a myriad of ripple effects on children's self-knowledge, confidence and self-respect. Since mother tongue education affects children's academic prowess, this will ultimately have an influence and impact on the end product of proper education, as well as on the quality and final outcome for learners individually and collectively. Moreover, without mother tongue education, every child's right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of groundbreaking cases, as well as the interaction between them on mother tongue education will also be examined. It will be concluded that the implementation of certain education models will be invaluable to the promotion and advancement of mother tongue education.

 

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Shifting the 'place of effective management' Offshore : A comparison of 'exit tax' for companies migrating from South Africa, Canada and member states of the EU by Liezel Classen, Senior Lecturer in Tax Law, University of South Africa, South Africa.

 

Ms LG Classen is a Senior Lecturer in Tax law at UNISA where she lectures tax law at both undergraduate and post graduate level. She obtained the following formal qualifications, namely a BA (Law), LLB (University of Stellenbosch), LLM (University of Pretoria), Certificate in International Tax Law (cum laude)(University of Cape Town), and is a Master Tax Practitioner [MTP(SA)] and member of the South African Institute of Tax Practitioners (SAIT). Prior to joining Unisa, she had her own practice as an advocate and member of the Pretoria Society of Advocates. In addition to practicing as an advocate she also lectured at the University of Pretoria, Bond University and Damelin College on a contract basis. Before becoming involved in teaching and advocacy she was also an attorney and practiced as such. She has researched, published and presented at conferences on income tax law and specialises in income tax, estate duty and tax planning, taxation of trusts and international tax. Ms Classen is currently working on her doctoral studies in Tax law at Unisa. Her research interests include company tax, international tax and income tax.

Abstract

The emergence of global markets, e-commerce and cross-border corporate structures in recent times caused many governments departments and tax authorities to rethink their strategies to protect the national tax base. Internationally the trend has emerged to condone the migration to and abuse of tax havens or low tax jurisdictions by large corporations that are involved in international trade. Exit tax serves as an anti-avoidance measure to protect the national tax base of the country from which the taxpayer emigrates. In essence a company is deemed to have disposed of and immediately reacquired all its assets at market value, although no actual sale takes place. If this fictional transaction results in a gain, capital gains tax, also known as exit tax, departure tax or an exit charge, will be payable. Recent court decisions in South Africa, the European Union and Canada found exit tax not to be payable in certain circumstances. This article will examine the exit tax provisions applicable to companies and suggest manners in which the taxpayer's right to freedom of establishment can be balanced with the right of the state to protect its national tax base.

 

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The significance of signature for the validity of a contract in South Africa by Steve Cornelius, Department of Private Law, University of Pretoria, South Africa.


 

 

 

 

Steve Cornelius is professor in the Department of Private Law at the University of Pretoria and holds the degrees BIuris LLB (Unisa) LLD (Pret). The title of his LLD thesis is "The Interpretation of Contracts In South African Law". He is admitted as Advocate of the High Court of South Africa. He is rated by the national Research Foundation as an internationally renowned researcher. He joined the Department of Private Law as Professor in 2010 after serving for eleven years in the Department of Private Law at the University of Johannesburg, where he was appointed as Senior Lecturer in 1999, promoted to Associate Professor in 2003 and to Professor in 2007. He was also Head of the Department of Private Law at UJ. Before that, he served for eleven years in the Department of Justice, briefly as a Public Prosecutor and mostly as a Legal Officer in the Branch: Legislation Research, where he played an important part in the drafting of regulations required for the functioning of the Human Rights Commission, the Truth and Reconciliation Commission and the Special Investigating Unit. He is also Visiting Fellow at Anglia Ruskin University, Chelmsford, England, Member of the Editorial Advisory Board of the International Sports Law Journal which is published by the TMC Asser Institute in The Hague, Netherlands and the National rapporteur for the International Sports Law Review Pandektis, which is the official journal of the International Association of Sports Law.

 

Abstract

The signing of contracts has become an integral part of modern commerce. While the parties routinely sign contracts and witnesses often attest to the signatures of the parties, it poses the question to what extent is signature a formal requirement for the validity of a contract? The general rule in the Roman-Dutch common law of South Africa, is that a contract does not have to comply with any formalities, such as writing and signature, to be valid. Writing mostly serves to prove the existence and terms of a contract and signature serves to validate the contract as containing the terms to which the parties have agreed. It is only when the parties expressly agree in advance that their contract would only be valid if it is reduced to writing and signed, or a statutory provision clearly states that a contract would only be valid if it is in writing and signed, that signature becomes a substantive requirement for the validity of a particular contract in South Africa.

 

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The debate regarding Muslim Personal Law in South Africa: Achieving a balancing of interests by Yousuf Dadoo and Fawzia Cassim, University of South Africa, Pretoria, South Africa.

 

 

Professor Yousuf Dadoo ( Hafiz al-Qur'an (Standerton) 1970, Matriculation Certificate (Standerton Indian High School, 1971), B. A. (University of Durban-Westville) 1974, Hons. B. A. (University of South Africa) 1978 [cum laude], M. A. (University of Durban-Westville) 1981 [cum laude], D. Litt. et. Phil. (University of South Africa) 1988, Theory of Literature III (University of South Africa) 1991[cum laude], Diploma in Basic Egyptian Arabic (American University in Cairo) 1993 and Certificate in Basic Persian (Tarbiat Modarres University, Tehran) 2003. He is currently Head of Arabic & Islamic Studies at Unisa. His fields of academic interest are: classical Arabic grammar and rhetoric, modern Arabic prose literature, Qur'anic and Hadith sciences, Islamic jurisprudence, philosophy and mysticism. A study of contemporary Muslim society and interfaith relations also receive attention. He also has an interest in general linguistics, theory of literature and multicultural studies.

 

Fawzia Cassim is an Associate Professor in the Department of Criminal and Procedural Law at the University of South Africa. Her qualifications are: (B.A (law) (University of Durban Westville, now University of Natal); LLB (University of Natal – Durban); LLM LLD (University of South Africa). She is also an admitted attorney and conveyancer of the High Court of South Africa. Her academic and research interests are in the following fields/disciplines: human rights law, constitutional procedural law, civil procedure, gender law, cyber law/information technology law and Islamic law. She has published a number of articles in academic journals and presented papers at international conferences in the above-mentioned disciplines.

 

Abstract

Muslim personal or family law has never been afforded legal recognition in South Africa due to its potentially polygamous nature. Therefore, a call for a more clear and concise judicial and legislative guidance was required; hence the advent of the Muslim Marriages Bill (MMB). The MMB emanates from an investigation by the South African Law Reform Commission (SALRC) on Islamic Marriages and Related Matters. The Bill sets out a statutory framework for the legal recognition of Muslim marriages and their consequences. The Bill has yet to be enacted. This paper will examine religious freedom in terms of the South African Constitution, the Muslim population in South Africa, the status and pitfalls facing Muslim personal law in South Africa, the introduction of the MMB and its impact on Muslim personal law in South Africa, its reception by the Muslim population in South Africa and the way forward.

 

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Cyber Economic Crime and Commonwealth Law by Lafi Daradkeh, Private Law Department, Faculty of Law, United Arab Emirates University, UAE.

 

Dr Lafi Daradkeh holds a PhD and LLM from Leeds University (UK), and LLM from University of Jordan, and an LLB from Yarmouk University(Jordan). He is also a practicing law as a lawyer and legal consultant , and is an accredited private mediator by the Jordanian judicial council. His research interests include International Trade Law, insurance law, International investment Law, Tax Law, and ADR. He has published many articles in leading law journals around the globe in many areas of commercial law. He recently joined the faculty of law at UAEU.

 

 

 

 

Abstract

Generally Subrogation, as a doctrine, is recognized in the insurance theory, which is adopted in all domestic laws around the world whether they belong to "common law" or "civil law" system. Domestic laws have approached this doctrine with different views. In Civil Law countries, the contents of this law have been applied differently by the Courts. As a result, many consequences can be drawn as rules which govern the subrogation doctrine. In Common Law countries, statutory subrogation intends to transfer rights against the insurer from the insured to the third party. This doctrine is frequently applied in cases of bankruptcy or insolvency of the insured. In addition, any agreement between the insurer and the insured made after the commencement of bankruptcy or liquidation is not effective against the third party.Reaching the rules that govern subrogation in both legal systems needs to address first the meaning and scope of subrogation doctrine, the legitimacy and legal grounds of subrogation, and finally the legal effects of applying this doctrine.

 

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Corporate Governance in Emerging Markets: The Development of Insolvency Systems within BRICS by Marvin Doondeea, UK.

 

Marvin Doondeea holds degrees in Politics, Philosophy and Economics and Law. His experience includes working for Her Majesty's Court Service and the Royal Bank of Scotland Group. He currently works for a firm of Insolvency Practitioners in Oxford and deals with Business Restructuring and turnaround situations as well as formal Insolvency procedures.

 

 

 

 

Abstract

One of the outcomes of the current financial turmoil is an increased focus on governance of financially distressed companies. Emerging markets need functioning insolvency systems which provide options beyond the dead and alive liquidation procedures which are currently available in many emerging markets. This follows the international trend towards rescue and rehabilitation of financially distressed companies instead of destroying value in liquidation. This paper through the use of the BRICS (Brazil, Russia, India, China and South Africa) countries recognises the importance of corporate governance as a means to enhancing financial stability in emerging markets through Insolvency Law Reform; the role of the Board within the Twilight Zone and the effectiveness of corporate governance arrangements for the going concern of the insolvent company. The BRICS Countries are some of the fastest growing nations in the economic world and in the not too distant future may comprise the core of the world economy.

 

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To deceive or not to deceive! Legal implications of phishing covert research by Rasha Salah El-Din, University of York and Lisa Sugiura, University of Southampton, UK.

 

 

 

 

 

 

Ms Rasha Salah El-Din is an assistant lecturer at Computer Science department, Sadat Academy for Management Sciences. She is currently pursing a PhD degree from University of York, UK. Her research investigates humans' vulnerability to phishing attacks and the ethics of conducting phishing experiments. Her scholarly interests range around the ethical and legal challenges that face vulnerability researchers in general and phishing researchers in particular. Ms Salah El-Din comes from an advanced academic and analytical background having been teaching for more than 9 years in Egypt. When she became accustomed to the UK education system, she started to take her academic experience further outside her department. She has joined the Realising Opportunities Project as a personal tutor. 12 Universities have participated in this project that mainly aims at encouraging social mobility for schools' bright students from disadvantaged backgrounds. She has also worked in industry for four years, an experience that helped shaping her research directions. This was in Vodafone Telecommunications. She got inspired by the mobile technology and had her Masters in mobile communications. Her thesis was the first among Egyptian Universities to tackle the topic of Wireless Application Protocol that was relatively new at that time.

 

Lisa Sugiura Background: Law Degree/ LLB Hons, MSc Criminology and Criminal Justice, MSc Web Science. Qualitative Research Methods – ethnographic studies, interviewing, Qualitative Analysis , Drug and Social Policy, Human Rights, Social theory. Previous research: Prescription drug misuse, Unlicensed slimming drugs on the Web. Publications: Sugiura, Lisa, Pope, Catherine and Webber, Craig (2012) Buying unlicensed slimming drugs from the Web: a virtual ethnography. At Web Science Conference 2012, Chicago, US, 22 - 24 Jun 2012. 4pp. Current research: PhD at the University of Southampton – 'Understanding the purchasing of prescription only/ unlicensed medicine from the Web'.

 

Abstract

Whilst studying mobile users' susceptibility to phishing attacks, we found ourselves subject to regulations concerning the use of deception in research. We argue that such regulations are misapplied in a way that hinders the progress of security research. Our argument analyses the existing framework and the ethical principles of conducting phishing research in light of these regulations. Building on this analysis and reflecting on real world experience; we present our view of good practice and suggest guidance on how to prepare legally compliant proposals to concerned ethics committees

 

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