Dr. Mutasim Alqudah (Bachelor Degree in Law, Yarmouk University, Jordan;  LLM in International Commercial Law, University of Kent; PhD in International Commercial Law, University of Leicester, England) is an Assistant Professor in Law at the Hashemite University, Jordan.

Abstract

As Online cross-border Business-to-Consumer Arbitration is type of international arbitration and as the New York Convention 1958 (hereinafter NYC) has more than 144 signatories, the enforcement of a cross-border online B2C arbitration clause is most likely to be governed by the rules of the NYC. However, two issues in the NYC rules can seriously impact the certainty about the enforceability of the online B2C arbitration clause. The first is satisfying the formal validity requirement under Article II(1) & (2) of the NYC. The second is violating the public policy exception to the enforcement of an arbitration clause under the NYC. This paper explains these two issues and it will conclude with the suggestion that a new regulatory model for online business-to-consumer arbitration is required and such a model will eliminates uncertainties resulting from the current rules of the NYC.

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Mary Ayad ( Master of Arts, University of Malta Faculty of Laws; MA ; coursework equivalent of MA-LLM , Oxford University Refugee Studies Centre; Master of Arts School for International Training Graduate Institute, Brattleboro: Bachelor of Arts in Political Science, University of Colorado ) is a PHD candidate at the Department of Business Law, Macquarie University, Australia. She was formerly a Research Fellow at the American University of Cairo.

Abstract

The thesis of this paper is that a harmonised International Commercial Arbitration Law Code (HICALC), governing MENA- FI and Oil Concession Contracts between Middle Eastern Governments and foreign investors would resolve serious conflicts. The additional question of State intervention in trade is implicated here when States prevent the enforcements of Arbitral Awards or encroach on Arbitral Tribunal jurisdiction. A HICALC can resolve the weaknesses inherent in these laws when dealing with MENA-FI and Oil Concessions. This paper will demonstrate how, by drafting a HICALC that integrates general principles of law from civil, common and sharia law, the central problem facing foreign investors party to International Commercial Arbitrations in the MENA, namely that of Arbitral Award Enforcement, can be settled in a balanced and fair way for both sides with ensuing economic value to both the State and the investor. Relevant regulatory clauses taken from each of these aforementioned areas of law will be analysed to show how they may be improved and redrafted into a new HICALC. An economic background of the MENA and implications for European investors and economies will be given. Recent trends in emerging markets of the MENA, global economic trends and benefits of foreign investment will be discussed. It will be shown that Arbitral Award enforcement is important part of economic development.

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Dr. Sascha-Dominik Bachmann works as a Senior Lecturer at the University of Portsmouth, School of Law. His academic focus lies in the field of international humanitarian, human rights and public law. A particular research interest lies in the field of civil responsibility for international crimes and the responsibility of private actors in armed conflict. He served as a peacekeeper with the German Army in the Balkans on three occasions prior while completing his LL.D. Sascha teaches subjects of International and European Law at the LL.M and LL.B level. He is also a visiting lecturer at City University London and a member of the Students' Academic and General Affairs Committee of the University of Portsmouth.

Abstract

Global terrorist activities require economic support and a way to combat terrorism is to limit access to funding. Terrorist financing is a global problem which is closely linked to money laundering and which requires a well-co-ordinated, multilateral response through international bodies such as the UN SC, the Financial Action Task Force (FATF) of the OECD as well as the use of civil litigation by victims against terrorist groups and their sponsors. The proactive role corporations such as banks (cf. the US Arab Bank case) and other entities (cf. SNCB Securities), as well as individuals play as aiders and abettors in financing international terrorism is well known and documented (see the UN Consolidated List established and maintained by the 1267 Committee with respect to Al-Qaida, Usama bin Laden, and the Taliban and other individuals). This project aims to investigate and assess recent Israeli and US lawsuits directed at such non state sponsors of terrorism as a legal option for UK victims of Libyan sponsored IRA terrorism, in particular, and for a wider victim cohort in general.

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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

Are search engines like Google using new technologies and expanding their operations in a manner that makes them more like an enabler of secondary infringement as well as a perpetrator of primary infringement of copyright than a legitimate Internet intermediary that is functioning for the public benefit and facilitating socially beneficial goals? How should the balance of interests be recalibrated in the face of these changes and the disputes that have arisen within the last decade? Using Google as a case study, this paper will look at the three main areas of dispute that either threatens search engine functionality and efficiency or weakens copyright holders' exclusive rights. It proposes a concerted solution to optimize social benefits, with social interest as the penultimate consideration in the context of the existing but outdated framework for immunity (safe harbor) and exemption (fair use) under the existing copyright regime.

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Ms Patricia Blazey is a Senior Lecturer in the Department of Business Law at Macquarie University. She lectures in Business Law, China Trade Law, European Trade Law and Sustainability and Climate Change. She is admitted as a solicitor and barrister in New South Wales, the Australian Capital Territory, the High Court of Australia and Northern Ireland and holds a sole practitioners practicing certificate in NSW. She is currently completing her PhD entitled 'Deforestation - Can Deforestation and Forest Degradation be Mitigated through International and National Legal Frameworks'. She has co authored a book on Chinese Commercial Law with Dr. Kaywah Chan published in 2008 and is currently writing a new book on China's Laws. Her research areas are climate change and sustainability, deforestation and Chinese commercial law.

Abstract

The introduction of an international regulatory framework to stop current levels of deforestation in order protect existing world forests, their biodiversity and the fostering of carbon sinks would be a major achievement for the United Nations in 2011 when the 'Year of the Forest' takes place. In order to succeed however, institutional frameworks need to be in place not only at the international level but also in individual countries. As most major forest areas are located in developing countries with little or no infrastructure to implement and support such agreements, this is a major challenge under current socio economic and political conditions.This article looks at possible regulatory frameworks that could effectively lower deforestation levels in conjunction with initiatives by rich nations and non government organisations and corporations that provide finance for the sustainable management of vital forest areas. The article also examines the feasibility of protecting forest areas by listing them as World Heritage Areas and the need for ongoing sustainable forest management.

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Jamie Grace is a Lecturer in Law in the School of Law and Criminology, in the Faculty of Business, Computing & Law, University of Derby. He is undertaking a PhD connected with data-protection and freedom-of-information in the public sector organisation; with specific reference to health and justice agencies; and the notion of privacy in the law of the UK. He is also working as an Information Officer in undertaking projects concerning data-protection and freedom-of-information compliance with colleagues across the University.

Abstract

Physical architectural models can be used to inspire legislative architectural models. The traditional architecture of the Arabic mashrabiyya can be seen as a model for potential universal privacy legislation that the UK is currently lacking – providing the substantive instrumental content for a move toward ‘constitutional privacy’ for better rights-observant electronic governance in health, social care and criminal justice.This paper will introduce in an overview the work of Kendall Thomas, Beate Rossler, Fadwa El Guindi, Nicola Moreham, Raymond Wacks, Daniel Solove and Roberto Lattanzi in delimiting conceptions of privacy before exploring how conflicting themes within the literature can be reconciled with a ‘mashrabiyya model’ for privacy.

It will be suggested that a ‘mashrabiyya model’ of constitutional privacy might help the courts and legislators better understand the multi-faceted complicity of Article 8 ECHR and the ‘right to a private and family life’; which strives to address, in the words of Moreham, ‘freedom from interference with physical and psychological integrity’, the collection and disclosure of information’, the ‘protection of one’s living environment’, and personal ‘identity’, as well as a concept of ‘autonomy’.

It is the rise of the practice of electronic governance that mandates that a better model for the exercise of privacy rights might be found.

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Andrew Hutchison is a lecturer in the Department of Commercial Law at the University of Cape Town. He has taught courses in contract law, the interpretation of statutes and general commercial law to LLB students as well as to non-specialists from other faculties. Andrew is an emerging researcher in the area of contract law. He has several publications in South African law journals mostly focusing on hardship in contract, which was his PhD topic. His PhD thesis was submitted for examination in May 2010 and Andrew is awaiting the outcome of this process. Andrew lives in Cape Town and loves spending time enjoying the good weather and natural beauty of this city.

Abstract

Parties to an agreement may include open terms which leave certain particulars open to future negotiation. The aim of this type of provision is usually to allow for changing circumstances over time or the threshing out of more detailed terms. Conventional drafting practice is to state that these terms are to be negotiated in the future in good faith. What if a party subsequently resists all efforts to reach agreement? Is there a mechanism which will enforce this duty to negotiate? Of course the parties may have inserted their own deadlock-breaking provision – in the absence thereof a court should be able to find its own resolution. This paper will consider proposed methods of enforcement of such a duty with reference to developments in South Africa as well as other countries, particularly the US and Australia.

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Miko Kamal  (Master's Degree,  School of Law, DEAKIN UNIVERSITY, Australia; LLB, BUNG HATTA UNIVERSITY, Indonesia)is a  a PhD Candidate in Business Law at Macquarie University, Sydney Australia. This is his last semester. For  his thesis by publication at the University, he is  looking at the role of board of commissioners in creating good governance of Indonesian non-listed State-owned Enterprises. He started his study at the University on July 2007. During his candidature he has  published a paper at Macquarie Business Law Journal, two papers accepted to publish and wrote three working papers. He has been invited to present papers in International conferences. Prior to coming to the University he had been teaching as well as practising as a lawyer in Indonesia for more than 11 years.

Abstract

The primary problems of SOEs, including in Indonesia’s SOEs, are conflicting objectives, political interference and lack of transparency. My previous studies on Indonesia’s national code of corporate governance and state-owned enterprises conclude that the code and existing laws and regulations have failed to be a problem solver for the existing problems, especially the political interference. There is no the code’s principle that deliberately attempts to cope with the political interference problem.  Instead Indonesia’ regulation legitimizes the political interference by putting the rights of electing both board of commissioners and directors in the hands of Final Assessment Team chaired by the President of the Republic of Indonesia.  By using data of empirical study in six Indonesia’s non-listed SOEs the paper attempts to propose blueprint governance for Indonesian non-listed state-owned enterprises, which focuses on the role of board of commissioners (to some extent this is equivalent to board of directors in common law countries system). It can be a tool to deal with the political interference faced by Indonesia’s SOEs.

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PASEKA TIMBER KUBAYI, LLB, ADVANCED PENSION FUNDS CERTIFICATE, University of South Africa, South Africa. Lecturer in the Department of Private Law, College of Law, University of South Africa. Area of interest: Family Law.

Abstract

Important studies have revealed that divorce causes less of a long-term deterioration in economic status for men than it does for women, particularly those with children to care for. It is increasingly being recognised that the conflict between the demand for more economic independence being imposed upon women by the new legal approach to maintenance and society’s requirement that they continue to perform their child –care function requires very close consideration and may culminate in increased state responsibility for divorced mothers. Current legal developments are seen to be discouraging wives from remaining in the home, where they perform valuable services for family stability.Despite new trends regarding maintenance that encourage women to be part of the labour market, the number of women participating in the South African labour force is still considerably lower than their male counterparts, as is revealed by statistics. This uneven participation in the labour market is a result of unequal distribution of the domestic burden, with the result that women cannot be financial independent on divorce. Undoubtedly, employment opportunities for women whose skills have become outdated during their non-market labour in the home are restricted.The focus of this paper is to set out the role that rehabilitative maintenance plays in order to redress or balance the financial inequality as a result of divorce in the South African context.

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MPAKWANA ANNASTACIA MTHEMBU BJuris, LLB- University of Zululand; LLM (Specialisation in Commercial Law) - University of South Africa; LLM (Specialisation in Mercantile Law)- University of Pretoria, is a Senior Lecturer in Corporate Law in the Department of Mercantile Law, College of Law, University of South Africa. Her area of interest is Labour Law, Banking Law and Corporate Law.

THEMBA MILTON SKOSANA LLB, Advanced Certificate in Corporate and Securities Law- UNISA, is a Lecturer in the Department of Private Law. His area of interest is Cyber Law, Law of Persons and Family Law.

Abstract

Generally privacy rights protecting information limit the ability of people to gain, publish, disclose or use information about others without their consent. The Protection of Personal Information Bill intends to regulate the collection of personal information by providing that it must be collected directly from the data subject unless the information is contained in a public record or has been deliberately made public. However, if the information is collected from another source, the data subject must consent and his legitimate interest not prejudiced. The Constitution guarantees to protect the people's right to privacy and against infringement of private communications. The Promotion of Access to Information Act guarantees access to information if required for the protection of any rights. The National Credit Act's purpose it to provide for general regulation of consumer credit and improved standards of consumer information. The technological advancement places more risk to person's personal information. People's daily activities require that personal information be given to the banks, schools, acquiring an e-mail account the list is not exhausted. One of the principles of the protection of personal information is that information must only be used for the purpose that it was given for and no other purposes. Due to unauthorised use of personal information, it is of importance to analyse the legal risks and implications that the Protection of Personal Information Bill has on a person's privacy vis-à-vis Access to information.

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Lonias Ndlovu [Diploma in Education, Cert in Human Right Law, LLB, and LLM] is a senior lecturer and Deputy Dean in the Faculty of Commerce, Administration and Law at the University of Zululand, KwaDlangezwa South Africa. He has spent the last six years in the legal academia and has presented and published scholarly papers on a number of issues ranging from international trade law to law and pedagogy. His current passion is international trade law and access to medicines, a subject he is currently pursuing for an LLD study.

Abstract

Network forensics plays a major role in the investigation of criminal activities involving computer networks. Investigating such crimes is still an open research area due to the fact that technology is always advancing hence investigators must always be up-to-date with technological advancements. Wireless ad-hoc networks are one of the technologies that have the potential to expand. Due to the unpredictable nature of wireless ad-hoc networks, carrying out investigations in these networks poses a big challenge. This is occasioned by the fact that conventional rules of evidence did not originally anticipate the problems advances in information technology would unravel. In absence of judicial precedents and an untested statutory regime, South Africa has come up with a plethora of legislative interventions which to a large extent would solve the problems posed by electronic evidence generally and wireless networks in particular. This paper assesses the strength and possible efficacy of the relevant South African legal regime regulating electronic evidence against a comparative backdrop. This is attempted with specific reference to the provisions of South Africa’s Electronic Communications and Transactions Act of 2002, its predecessor, the Computer Evidence Act of 1983 and the common law. In the final analysis, examples of good practice are drawn from foreign jurisprudence and recommended for adoption by South Africa.

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Lonias Ndlovu [Diploma in Education, Cert in Human Right Law, LLB, and LLM] is a senior lecturer and Deputy Dean in the Faculty of Commerce, Administration and Law at the University of Zululand, KwaDlangezwa South Africa. He has spent the last six years in the legal academia and has presented and published scholarly papers on a number of issues ranging from international trade law to law and pedagogy. His current passion is international trade law and access to medicines, a subject he is currently pursuing for an LLD study.

Abstract

When Mike Campbell and other former commercial farmers took the Zimbabwean government to the SADC Tribunal in Windhoek in 2008 over a land dispute, they were aware that stakes were very high. If they won the case, they would be vindicated for their incessant complaint that Zimbabwe’s land reform program was racist and discriminatory. On the other hand, losing the case would be an anathema for the Zimbabwe government, which still walks the tight rope of justifying its long vilified land reform program together with the ensuing economic ruin while at the same time remaining a genuine SADC member. The Tribunal ruled against the Zimbabwean government on 28 November 2008 but the government raised a number of legal arguments to justify its refusal to abide by the ruling. While the dispute was primarily about allegedly discriminatory land reform laws and policies affecting citizens of Zimbabwe mainly, the manner in which the Zimbabwean government reacted to the ruling suddenly raises questions about the protection of investments in the SADC region. The nagging question which this paper seeks to address is, “is the SADC dispute settlement regime as currently provided for in Article 32 of the Declaration and Treaty of SADC and the subsequent Protocol on Trade adequate to guarantee investor protection in light of the aftermath of the Campbell decision?” In an attempt to address the question, this paper takes a closer look at the NAFTA Chapter 11 Investment protection provisions and compares them with their SADC counterparts before recommending that SADC borrows quite heavily from the NAFTA provisions. This is done against a backdrop of NAFTA case law in which investment protection was judicially bolstered.

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Katalin Parti is a lawyer, research fellow of National Institute of Criminology, Hungary. She received a PhD in the topic of the obstacles of applying criminal law as a regulation tool of online pornography. She is the author of Deviances in the Virtual Reality or the Character-Altering Power of Virtual Communities. (In: European Journal of Crime, Criminal Law and Criminal Justice Vol. 16, No. 3, 2008, pp. 325-343(19)) and The importance and future of alternative reporting hotlines. (In: e-Newsletter on the Fight Against Cybercrime, September 2009 Online: http://www.cybex.es/e-newsletter/2009/indice_nl0909_en.html) She is presenter of international events on criminology such as the European Society of Criminology's annual conferences. She is a lecturer of Károli Gáspár Protestant University Budapest on criminology, criminological aspects of cybercrime and cyber pornography. She has European certificates on CEOP's Expert Training for Internet Child Sex Offenders and Cybex's European Certificate on Cybercrime and Electronic Evidence. Her current research field is the influence of the infocommunication development on human contacts, types of communication and morality, surveillance and virtual reality.

Abstract

Uploading personal data and depictions online is part of “self-advertising” activity sine qua non of every online community. Uploading personal data, “advertising” them on online communities’ webpages, and leaving them open to comment for any member of the community gives a possibility to get contacted to and get accepted by community members. This, given that peer relationships have the greatest value at the younger ages, is not surprisingly more powerfully present in the lives of children. Self-advertising includes surveillance of members of the online community, and self-surveillance as well (ongoing monitoring of reactions and feedbacks of the peers reassuring the self’s outlook, actions and position in the community). The hypothesis of the research is that by advertising and surveillance one can gather more information about not only the online community itself, but also the nature of internet which helps maintain online self defense mechanisms like double moral standard.  
Focal questions of the research are: Why do Hungarian children handle online relationships in a more easygoing manner? Why do they have (seemingly) more immunity against online dangers than their Western European peers? What way and how strong victims contribute to their exploitation?

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Lachmi Singh (2001 BA University of Toronto) (2004 LLB University of Birmingham) (Currently completing PhD University of Birmingham 2010) PGCert (2006 University of Birmingham). Lachmi has taught as a post graduate teaching assistant for three at the University of Birmingham in the areas of Contract law and International Trade law. Her research interests are Contract law, International Trade law and Shipping law. She is currently a senior law lecturer at University of West of England, Bristol law school and teaches Contract law and International Trade law on the undergraduate programme. She also teaches Comparative Contract law and Shipping on the LLM programme. She has published in the areas of International Trade and is currently working on textbooks in the areas of Contract law, Commercial Law and Shipping law.

Abstract

Because of China's enormous and fast-growing economy and its increasing role in shaping global governance, the evolving rule of law system in the People's Republic poses some of the most critical challenges and opportunities for peace and prosperity in our era. This article examines a feature of the private law system which has developed over the past three decades alongside – arguably instead of – a reliable public order for resolution of international commercial disputes. It does so by focusing on the decisions issued by China's pre-eminent arbitral association – the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing. This article examines the role of CIETAC in China's dispute resolution system, discussing its practices, its procedures and some of the problems that have arisen in regards to settling disputes with foreign parties. In particular, it undertakes a close examination of CIETAC decisions interpreting the United Nations Convention on Contracts for the International Sale of Goods which has been in effect in China since January 1, 1988 and provides the default scheme that regulates all eligible international sales of goods transactions among parties. A leading authority on law in China has argued that CIETAC's practices need substantial reform if they are to adhere to the standards of other international arbitral tribunals. Based on the information currently available, however, we tentatively conclude that concerns such as those about pro-Chinese bias or corruption in this system are either not in evidence or are being addressed. We believe that the glass is half full and generally becoming fuller—at least for the peaceful and just resolution of international commercial disputes.

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Uchenna F. Ugwu (LL.M, Public International Law (Distinction), University of Leicester, Leicester, UK ; LL.B, Law, Ahmadu Bello University, Zaria, Nigeria ; Diploma, Journalism, Ahmadu Bello University, Zaria, Nigeria) is a postgraduate research student at the School of Law, University of Sheffield. His interest is in International IP Law.Specifically, he has been examining the role that the objectives and purpose of a treaty play(focus being on the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)), as tools for interpretation and balance, in line with General rules on interpretation of international law as stated in Articles 31-32 of the Vienna Convention.

Abstract

This research examines the peculiar role of a Treaty's 'Objectives and Principles' in the interpretation and implementation of its individual provisions: specifically, the 'Objectives and Principles' of the WTO-TRIPS Agreement are analysed, focusing on how they may be adapted to facilitate Development Objectives of Developing Countries. Following study of the substance of 'Objectives and Principles' under general international law/the Vienna Convention on the Law of Treaties, in TRIPS/WTO law, comparative Int. and Domestic IP systems, and its application in WTO jurisprudence; a model highlighting the functions of 'Objectives and Principles' in TRIPS interpretation is drawn. Based on the latter, critical re-evaluation is made of interpretations given to TRIPS Articles by WTO Dispute Settlement Bodies, other courts and legal scholars; then principles for a more objective interpretation built. Main arguments include that rather than evoking rigid/textual sequential interpretation, the application of Articles 31 and 32 VCLT, with Articles 7 and 8 TRIPS, imply holistic interpretation: application of equal principles, to maintain the balance of interests in the TRIPS Agreement, on a case by case basis. Further, in light of Articles 4 and 5 of the Doha Declaration, and their unique interpretive function in Int. law, TRIPS Objectives and Principles carry greater weight in the construal and implementation of its terms.

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