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Authors (Full Papers): K - L

 

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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Karako-Eyal, Nili (Israel): A Critical Disability Theory Analysis of Wrongful Life/Birth Actions in Israel

 

Khan, Assad (UK): Limits of State Consent to Investment Arbitration in the Agreement of State-entities

 

Kielin–Maziarz, Joanna (Poland): Problems and Challenges in the EU Sustainable Consumption and Production Action Plan

 

Komolo, Erick (Hong Kong): The Theory of Practice and Trade and Development in Africa: Towards a Sustainable Regulation of Kenya's Fisheries Sector

 

Lakhani, Avnita (Hong Kong): Beyond Nationality towards a Consciousness of 'Inter-nationality': Balancing Force and Power

 

Lakhani, Avnita (Hong Kong): Social Networking Sites and their Impact on Law and the Legal Profession

 

Lämmerhofer, Daniel; Schnell, Manuel and Traintinger, Christian (Austria): End-User Verification Tool for Data Privacy

 

Latipulhayat, Atip (Indonesia): Telecommunications Licensing Regime: A New Method of State Control After Privatisation of Telecommunications

 

Lawack-Davids, Vivienne (South Africa): The Legal and Regulatory Aspects of International Remittances

 

Letete, Puseletso (South Africa): An Analytical Examination Of The Legal Framework Creating The Tax Ombudsman: Any Hope For South African Taxpayers?

 

Letete, Puseletso and Saurombe, Amos (South Africa): Analysing the role of the MOU on Cooperation in Taxation and Related Matters as an instrument for coordination and integration in SADC

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A Critical Disability Theory Analysis of Wrongful Life/Birth Actions in Israel by Nili Karako-Eyal, Haim Striks School of Law The College of Management, Academic Studies, Israel.

Nili Karako-Eyal, J.S.D, is a senior lecturer at the Haim Striks School of Law, The College of Management, Academic Studies, Israel. She teaches courses in civil procedure, tort law and medical negligence. She is the director of a patient rights clinic, which provides free legal assistance for patients and their families. In addition she was the editor of the legal journal at her law school. Her research span issues of professional negligence, informed consent, right to autonomy, patient's rights, gender, disability and damages. She received her L.L.B. (with Honors) from Tel-Aviv University and her J.S.D. from The Hebrew University of Jerusalem School of Law.

 

 

 

Abstract

Wrongful life/birth actions raise difficult questions. The Israeli Supreme Court of Justice's recent ruling in the case of Hamer (2012) reflects these difficulties. The court decided that wrongful life actions should not be admitted. By contrast, wrongful birth actions were approved. This paper offers a critical disability theory analysis of the decision in Hamer. I would claim that the court's refusal to acknowledge wrongful life actions constitutes an important positive legal narrative. Nevertheless, the judicial narrative provided in other parts of the decision makes only a marginal contribution to the positive social structuring of disability. Therefore, I would suggest a new approach that is based on the parents' right to autonomy. I would claim that this position does not involve negative connotation towards people with disabilities and enable the court to compensate the parents for the damages they suffered.

 

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Limits of State Consent to Investment Arbitration in the Agreement of State-entities by Assad Khan, University of Southampton, UK.

 

Assaduzzman (Master of International Commercial Arbitration Law (LL.M), Faculty of Law, Stockholm University, Sweden; Bachelor of Laws LL.B (Hons.) Common Law & Islamic Law, International Islamic University Malaysia ; International Diploma in Computer Studies (NCC, UK), Rima College JB, Malaysia ) is a PhD student at the University of Southampton and a Senior Lecturer in the Faculty of Business & Economics, East West University (on study leave). He is also an advocate in the Supreme Court of Bangladesh.

 

Abstract

The basis for arbitration is the agreement between the parties to the dispute. Party consent plays an important role in any form of arbitration including the arbitration of investment disputes. When state entity is in breach of a contract with a foreign investor, the customary practice in ICSID arbitration is that the claim is brought against the state by the foreign investor. But in most occasions states raise objection to the jurisdiction of ICSID tribunals that it does not have consent to arbitration in the agreement of its entities. When a state can be a party to the investment agreement of its entity, it shall be a party to the ICSID arbitration submitted by foreign investors. In investment arbitration under ICSID Convention, parties to the dispute must be a contracting state or any constituent subdivision or agency of contracting states designated to the Centre by that State and the national of another contracting state. What constitutes state consent in the agreement of independent state entity is a major debatable issue in investment arbitration. This debate has been significant in arbitrations involving sovereigns under investment treaties and national laws. There are two different ways of establishing sovereign consent to investment arbitration under the ICSID Convention, namely contractual consent and non-contractual consent. Contractual consent consists of direct agreement between the parties to submit to the jurisdiction of the Centre. On the other hand, non-contractual consent is through national legislations, Bilateral and Multilateral Investment Treaties. It has been a concern that the role of consent in relation to jurisdiction of arbitral tribunal must be given a special attention in the context of an investment treaty or national legislation. Contractual consent through direct agreements is not always clear and unequivocal. Sometimes it comes with separate instruments or reference to another instrument which is not an integral part of the main contract. In such a situation arbitration tribunals have always had difficulties to determine the validity of the consent. Besides, some of the investment contracts of state entity require approval or guarantee of the government. The implication of such state consent with reference to a separate instrument is the topic of this paper. Discussion in this paper will focus on the theories of state consent in investment arbitration. This will also discuss the validity of state consent for the approval or guarantee of investment agreement of it entity. Further it will discuss the issues of state consent through Investment Treaties. Finally, it will explore the consequence of sovereign consent to investment arbitration.

 

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Problems and Challenges in the EU Sustainable Consumption and Production Action Plan by Joanna Kielin–Maziarz , Kozmiski University, Poland.

 

Dr Joanna Kielin – Maziarz (PhD) is an Assistant Professor at the Kozminski University in Warsaw. Dr Maziarz obtained her Master's degree in Law from Maria Curie-Sklodowska University in Lublin. She achieved also the Master of Arts in European Advanced Interdisciplinary Studies from the College of Europe. She holds a PhD in law form Catholic University of Lublin. She lectures on EU Environmental Law and Constitutional Law. She is attorney at the Warsaw Bar. Dr Kielin – Maziarz is an author of publications concerning EU environmental law and policy, sustainable development and human rights.

 

 

Abstract

The challenge today is to move towards an energy and resource efficient economy.in order The EU Commission presented a series of proposals in the Sustainable Consumption and Production Action Plan in 2008 aimed at integrating environmental sustainability with economic growth and welfare whilst improving the environmental performance of the products. The proposal contained norms such as the Ecodesign Directive, Ecolabel legislation, EMAS Regulation and the Green Public Procurement scheme. These norms are included in the Action Plan and they are creation the "key actions" which aim is to realize the strategy. The evaluation of the norms was carried by the study of their amendments and on the basis of the reports prepared for the European Commission. To aim of the paper is to consider the possibility of realization of the norms predicted by the Sustainable Consumption and Production Action Plan and to indicate the problems which are connected with their implementation.

 

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The Theory of Practice and Trade and Development in Africa: Towards a Sustainable Regulation of Kenya's Fisheries Sector by Erick Komolo, University of Hong Kong, Hong Kong.

 

Erick KOMOLO holds a Bachelor of Laws (LL.B) from Moi University (Kenya), LL.M in Environmental Law & Policy (Kent, U.K) and currently a doctoral candidate at the University of Hong Kong (HKU). His primary research areas include international trade law, international economic law, fisheries regulation, environmental law and sustainable development. Erick is a member of the Kenyan Bar and has previously argued cases in constitutional and human rights enforcement, commercial law and environmental litigation. He is also a regular contributor to African media on issues of trade, development and rule of law concerning the continent.

 

Abstract

The paper explores the question of trade in fisheries from a theoretical perspective and its effect on developing countries' concerns. So far, fisheries sector is yet to be integrated within the WTO regulatory framework despite undoubtedly ranking high as an 'item' of international trade. However, developing countries are some of the largest producers of fish and face challenges of depletion thus putting their development priorities at stake. It investigates the theoretical underpinnings that inform the reluctance to embrace WTO regulation of fisheries and options available for developing countries. Kenya's fisheries sector is used as case study.

 

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Beyond Nationality towards a Consciousness of 'Inter-nationality': Balancing Force and Power by Avnita Lakhani, City University of Hong Kong, Hong Kong.

 

Dr. Avnita Lakhani is currently Assistant Professor at the School of Law, City University of Hong Kong. She holds a BA (Canada), JD/Master of Studies Environmental Law cum laude (USA), a two-year General Practice Program Certificate of Achievement (USA), LLM (USA), and PhD (Australia). She is admitted to practice in the State of New York and the U.S. Supreme Court. Dr Lakhani is an active member of several legal professional organisations, including NYSBA, ABA, IBA, MCiArb, HKIAC, and the HKIAC Mediation Council. She has published a variety of articles dealing with critical international issues and policy reforms in both law and conflict resolution journals. She is an active research scholar with research interests in Non-Judicial Justice/ADR, Dispute Systems Design, Information Technology Law, International Conflict Resolution, Environmental and Sustainable Development Law, International Investment Disputes, Commercial Law, Public International Law, and Comparative International Law.

 

Abstract

This paper discusses how changing notions of state sovereignty and the evolving role of individuals in society affect the way in which disputes can be effectively resolved, especially in the area of national and international diplomacy. In a globalized society, nationality and all its inherent characteristics need to be balanced and viewed in light of the international nature of technology, investment, trade, and education. This paper argues that in an era of globalization facilitated by an age of technology, parties to national and international disputes must transcend traditional notions of nationality and work from a consciousness of 'inter-nationality' in order to find balanced and diplomatic solutions to today's disputes.

 

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Social Networking Sites and their Impact on Law and the Legal Profession by Avnita Lakhani, City University of Hong Kong, Hong Kong.

 

Dr. Avnita Lakhani is currently Assistant Professor at the School of Law, City University of Hong Kong. She holds a BA (Canada), JD/Master of Studies Environmental Law cum laude (USA), a two-year General Practice Program Certificate of Achievement (USA), LLM (USA), and PhD (Australia). She is admitted to practice in the State of New York and the U.S. Supreme Court. Dr Lakhani is an active member of several legal professional organisations, including NYSBA, ABA, IBA, MCiArb, HKIAC, and the HKIAC Mediation Council. She has published a variety of articles dealing with critical international issues and policy reforms in both law and conflict resolution journals. She is an active research scholar with research interests in Non-Judicial Justice/ADR, Dispute Systems Design, Information Technology Law, International Conflict Resolution, Environmental and Sustainable Development Law, International Investment Disputes, Commercial Law, Public International Law, and Comparative International Law.

 

Abstract

The purpose of this article is to review the impact of social networking sites on law and the legal profession. Within a very short period of time, social networking sites such as Facebook, Twitter, and MySpace, combined with social networking hardware platforms, such as iPad, iPhone, Blackberry, and Android, have infiltrated law and the legal profession. Many legal professionals now have a social networking profile, use information on social networking sites as evidence, and interact with other lawyers and judges through such forums. This increased interaction in a publically accessible and viewable medium presents a challenge to the legal profession's traditional ideas of independence, confidentiality, and rules of evidence. Social networking mediums are here to stay. Therefore, this article looks at how this trend affects law and the legal profession, what issues it presents to lawyers and judges, whether new laws are necessary to take into account the impact of social networking sites and the benefits of such technology in fostering access to justice and helping parties achieve justice.

 

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End-User Verification Tool for Data Privacy by Daniel Lämmerhofer, Manuel Schnell and Christian Traintinger, University of Applied Sciences, Puch/Salzburg, Austria.

 

Daniel Lämmerhofer from Salzburg, Austria. In June 2011 I completed my Bachelor study at the University of Applied Sciences in Salzburg. The awarded degree Bachelor of Science in Engineering for the degree program Information Technology and Systems Management offers me a comprehensive university education in the field of information technologies complemented by management and social skills. Currently I am in the middle of my Master study at the same study path. During the first two semesters I did research and development tasks on the presenting topic End-User Verification Tool for Data Privacy together with my project group.

 

 

Abstract

The "Verification Tool" – short "VerTool" – has been created as a part of the ENDORSE project. The VerTool should be a supporting tool for end-users while browsing websites in the context of data privacy. The development of the tool comprises different tasks and requirements. Initially, existing privacy tools were tested and evaluated. The verification tool traces numerous targets as the exemplary pre-processing of legislative texts in form of the Data Protection Directive. Furthermore, privacy policy statements are analysed and relevant information extracted. A generated linked graph should represent and visualise the key words of the policies. Additionally the nodes are linked with the corresponding sections and sentences of the Data Protection Directive.

 

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Telecommunications Licensing Regime: A New Method of State Control After Privatisation of Telecommunications by Atip Latipulhayat, Padjadjaran University Law School, Bandung - Indonesia.

 

Atip Latipulhayat (LL.B, Padjadjaran University ;LL.M, PhD ,Monash University ) is a lecturer at the Faculty of Law, Padjadjaran University, Bandung - Indonesia.

 

 

 

 

 

 

Abstract

Telecommunications is one sector historically subject to state monopolies in both developed and developing countries for many reasons. The Indonesian legislation stipulates that the telecommunications sector is of national strategic importance and must therefore be controlled by the state. Not surprisingly, the Indonesian government has tended to read the term "state control" as state or government ownership. Since the late 1980s, there has been a radical policy reversal whereby governments have progressively reduced their ownership and involvement in this sector by increasing private sector participation. One of the most important consequences of this is that privatization has led governments no longer being able to play traditional tripartite roles of owner, operator and regulator of telecommunications. More specifically it raises a critical question; in what ways might the government maintain its control over the sector when privatization reduces state ownership in SOEs? This paper argues that licensing is a legal tool to maintain state control after privatization of telecommunications. It can be used as a tool to implement important national priorities, be it opening the markets for equipment, services, and networks to immediate or gradual competition, or to preserve a monopoly for the time being so as to permit investors to recoup their expenditures or to continue a source of revenue for the government.

 

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Telecommunications Licensing Regime: A New Method of State Control After Privatisation of Telecommunications by Atip Latipulhayat, Padjadjaran University Law School, Bandung - Indonesia.

 

Atip Latipulhayat (LL.B, Padjadjaran University ;LL.M, PhD ,Monash University ) is a lecturer at the Faculty of Law, Padjadjaran University, Bandung - Indonesia.

 

 

 

 

 

 

Abstract

Telecommunications is one sector historically subject to state monopolies in both developed and developing countries for many reasons. The Indonesian legislation stipulates that the telecommunications sector is of national strategic importance and must therefore be controlled by the state. Not surprisingly, the Indonesian government has tended to read the term "state control" as state or government ownership. Since the late 1980s, there has been a radical policy reversal whereby governments have progressively reduced their ownership and involvement in this sector by increasing private sector participation. One of the most important consequences of this is that privatization has led governments no longer being able to play traditional tripartite roles of owner, operator and regulator of telecommunications. More specifically it raises a critical question; in what ways might the government maintain its control over the sector when privatization reduces state ownership in SOEs? This paper argues that licensing is a legal tool to maintain state control after privatization of telecommunications. It can be used as a tool to implement important national priorities, be it opening the markets for equipment, services, and networks to immediate or gradual competition, or to preserve a monopoly for the time being so as to permit investors to recoup their expenditures or to continue a source of revenue for the government.

 

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The Legal and Regulatory Aspects of International Remittances by Prof (Dean) Vivienne Lawack-Davids, Executive Dean, Nelson Mandela Metropolitan University, South Africa.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vivienne obtained the B. Juris degree cum laude at the then University of Port Elizabeth (UPE), South Africa, in April 1993. In April 1995 she obtained the LLB degree cum laude at UPE and the LLM degree, entitled Electronic Payment Systems in South African Law in April 1997, also at UPE. At the age of 29 years, the Doctor of Laws (LLD) degree was awarded to Vivienne by the University of South Africa (UNISA) on 16 May 2001. Her doctoral thesis is entitled Aspects of Internet Payment Instruments. Vivienne was admitted as an advocate of the High Court of South Africa on 7 December 1995. She lectured for a number of years Vivienne lectured inter alia, on Payment Instruments, Information Technology Law, Company Law, and Commercial Law. In addition, she has published articles in accredited law journals, has read conference papers on Electronic Banking Law, Banking Law and Information Technology Law and conducted a number of seminars on electronic payment instruments and issues pertaining to the National Payment System. She had various roles at the South African Reserve Bank (SARB) between July 2002 until the end of 2006 including Senior Payment System Analyst in the National Payment System Department of the Bank, Senior Legal Consultant and Manager: Financial Safety Net. Vivienne also worked as Senior Legal Counsel at Strate Ltd, South Africa's central securities depository from January 2007 until June 2008. Vivienne was a Research Associate at Unisa from 2004-2007 and she is a member of the editorial panel of the South African Mercantile Law Journal.Vivienne has been appointed as the Executive Dean: Law Faculty at the Nelson Mandela Metropolitan University as of 1 July 2008. In addition to her duties as Executive Dean, she serves on various boards and committees, being the President of the South African Law Deans' Association (SALDA) – 2010 – current.

Abstract

South Africa, being a relatively politically and economically stable African nation, offers numerous pull factors making it an attractive destination for many African, as well as international, migrants. Regardless of the legality of work, migrants find the need to send money to families they have left in their country of origin. When such a need arises, the migrant worker, the low-income migrant worker in particular, often faces considerable legal, as well as financial obstacles in accessing the services of formal financial institutions such as banks. As a consequence, they may have to rely on informal means to send their funds. This paper examines how legal and regulatory provisions impact upon the international remittance industry in South Africa and the ability of the low-income migrant worker to access formal remittance services.

 

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An Analytical Examination Of The Legal Framework Creating The Tax Ombudsman: Any Hope For South African Taxpayers? by Puseletso Letete, University of South Africa, South Africa.

Puseletso Letete is a Senior Lecturer in Tax Law at the University of South Africa where she lectures tax law at both undergraduate and postgraduate level. She holds a doctoral degree in Tax Law from the University of Edinburgh and a Masters in Commercial Law from the University of Cape Town. She has researched and published on VAT law and taxation of cross-border transactions in Southern African Customs Union (SACU) and Southern African Development Community (SADC) countries as well as in tax administration issues. She is a visiting lecturer at the University of Lusaka, Zambia. She is registered as a Master practitioner by the South African Institute of Tax Practitioners (SAIT).

Abstract

In his 2012 budget speech, the Minister of Finance announced the creation of a tax ombudsman in South Africa. The creation of the tax ombudsman should result in an effective means whereby taxpayers can resolve administrative difficulties encountered in dealing with SARS, or where SARS has abused taxpayers' rights. Section 14 of the Tax Administration Act provides that the Minister has the power to appoint a person as tax ombudsman for a term of three years. Section 16 of the Act sets out the mandate of the tax ombudsman as to review and address any complaint by a taxpayer regarding a service matter or a procedural or administrative matter arising from the application of the provisions of a tax Act by SARS. It must be noted that the tax ombudsman has no jurisdiction to deal with objections and appeals and legal disputes, as is the case with other ombudsman offices around the world. This article deals with a reflective analysis of the legal framework which creates the tax ombudsman in South Africa. The article will examine whether taxpayers in South Africa will benefit from the office of the tax ombudsman as envisaged by the legislation.

 

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Analysing the role of the MOU on Cooperation in Taxation and Related Matters as an instrument for coordination and integration in SADC by Puseletso Letete and Amos Saurombe, University of South Africa, South Africa.

Puseletso Letete is a Senior Lecturer in Tax Law at the University of South Africa where she lectures tax law at both undergraduate and postgraduate level. She holds a doctoral degree in Tax Law from the University of Edinburgh and a Masters in Commercial Law from the University of Cape Town. She has researched and published on VAT law and taxation of cross-border transactions in Southern African Customs Union (SACU) and Southern African Development Community (SADC) countries as well as in tax administration issues. She is a visiting lecturer at the University of Lusaka, Zambia. She is registered as a Master practitioner by the South African Institute of Tax Practitioners (SAIT).

 

 

Dr. Saurombe Amos (LLD) Senior Lecturer in the Mercantile Law department, College of Law, University of South Africa (UNISA).Research and teaching in international economic law, Legal aspects of Electronic commerce & Legal Aspects of IKS and bio diversity. Previously taught at the University of Fort hare and North West University. Guest Lecturer- University of Pretoria & Western Cape, University of Fort Hare, North West University and University of Lusaka- LLM programme in International Trade and Investment Law in Africa.

 

 

 

Abstract

With the rise of regional integration and increasing globalisation, member countries to regional organisations and trading blocs, are under pressure to strengthen their economic integration. It is argued that regional integration is an integral part of economic development. Various studies have emphasised that tax coordination and harmonisation is a basic requirement for economic integration. According to some scholars, "economic integration is the process through which economic relations and interdependence among areas are broadened and deepened". In this sense, there is a need to examine the extent to which tax coordination and harmonisation in SADC Member States can contribute towards broadening economic relations and forging closer economic integration with the aim to contribute towards social integration and better life for the people in the member countries. This paper analyses the role of the Memorandum on Cooperation in Taxation as an instrument towards further coordination and integration within the Member States of SADC and how it contributes towards fostering trade between Member States.

 

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