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Abstract

The vulnerability of children, the elderly and people with disabilities, as minority social groups, attracts special protection not only in Brazilian law, but also in international treaties of human rights. This Article presents an overview of this issue, and identifies the challenges related to the effectiveness of the juridical protection available to these groups.

Abstract

In the last decade, the development of the air-transport market in Vietnam has been remarkable. The country has become one of the world’s fastest growing air-transport market after adopting the Law of Civil Aviation in 2006. However, there are various issues that limit fair competition in the domestic air-transport market. By analysing the conditions of access to resources in the sector, this paper aims to identify factors that directly affect competition in the airline business in Vietnam and propose some policy changes to improve competitiveness in the air-transport market, which might be of relevance to other countries in transition.

Abstract

The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator but also a mantra for the fledgling nation-state desirous of change as a mark of progress. This essay examines the multi-faceted role of law in undergirding urban planning, policy, and development in Singapore. Rather than just providing a focus on specific laws that enables the government to shape the processes of urban redevelopment, the essay argues that these laws have to be understood within the context of “urban redevelopment pragmatism” in which pragmatism is as much a planning ideology as it is a driver of urban change and renewal. Furthermore, this planning pragmatism, very much mission-oriented towards national goals, has become a potent source of political and performance legitimacy for the ruling People’s Action Party. The legal regime that provided the wherewithal for urban renewal, economic activity, water quality management, and spatial integration of a polyglot society is now being reconfigured for the urgent aspiration of becoming a global city and a smart nation. The essay also considers the limitations to this planning and redevelopment pragmatism, and how the rapid urban change has somewhat enervated the urban heritage and contributed to a weakening of the collective memory of change amid continuity.

Abstract

This paper explores various impacts of artificial intelligence (“AI”) on the law, and the practice of law more specifically, for example the use of predictive tools. The author also examines some of the innovations but also limits of AI in the context of the legal profession as well as some ethical and legal issues raised by the use and evolution of AI in the legal area.

Abstract

International Cooperation for the Belt and Road Initiative (BRI) is of great significance to China and the other BRI countries. By the end of January 2020, China has signed 200 cooperation documents with 138 countries and 30 international organizations to build the “Belt and Road”. The BRI faces challenges from some Western and ASEAN countries, differences among the Belt and Road Countries, and also global emergency issues. In addition to grave threats to human life, the COVID-19 coronavirus carries serious risks for the global economy. In the implementation process of the BRI, it will inevitably encounter various trade and investment frictions, and it needs a long-term dispute settlement mechanism. In the post-epidemic era, we need to construct top-level design, accelerate further trade cooperation, promote China-ASEAN cooperation, strengthen China-African Cooperation, and jointly fight against the epidemic.

Abstract

Important characteristics of commercial arbitration include privacy and confidentiality; nonetheless, in investor-state arbitration, most of the investment treaties or arbitral rules referred therein often seek to enhance transparency and public participation by introducing three new features to investment arbitration’s proceedings: public access to documents related to the arbitration, public access to hearings; and amicus curiae submission. Those provisions generally contain exceptions to maintain a balance between the public interest on the one hand, and the interest of the disputing parties on the other hand in the fair and efficient resolution of the dispute. The two treaties Viet Nam has recently concluded, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Viet Nam Investment Protection Agreement (EVIPA), have stipulated the procedural transparency requirements, which are in line with a new trend of development in international investment law. Although Viet Nam currently maintains confidentiality with regard to investor-state arbitration, the fact that Viet Nam has made international commitments on transparency promises benefits such as increasing public interest protection, improving governance and ensuring the right to information.

Abstract

An arbitration agreement is an agreement in which two or more parties agree that a dispute which has arisen or may arise between them shall be resolved by one or more arbitrators. For the past decades, the written form has been a key requirement for arbitration agreements. However, there has arisen a shift in national laws towards the abandonment of this formal requirement to give the parties more freedom in the expression of their arbitration agreement. This argues for this abandonment and discusses how this can be realized in national laws.

Abstract

This Article argues that the act of formally declaring war entails a measure of explicit commitment on the part of American political actors that raises the cost of failure and motivates politicians to see engagements through to a decisive end, fulfilling the role of a contract or institutional commitment device. It argues that undeclared conflicts, lacking such a device, are more likely to end on less decisive and less favorable terms to the United States. On this basis, it explains the emergence of a decades-long trend of protracted, unsuccessful, and indecisive military engagements by the United States as having emerged from the erosion of a constitutionally established separation of powers with respect to the initiation and administration of foreign military conflicts. In defense of this theory, it uses case studies to assess the relevance of its predictions and to weigh potential objections involving selection bias and imperfect information.

Abstract

Miscarriages of justice and wrongful convictions are a pervasive reality in America's criminal justice system. In this paper we examine news coverage of miscarriages of justice in the death penalty system and the release of death row inmates to understand what we call the public life of exonerations. We examine the way newspapers tell the story of exonerations and the various tilts and tendencies that characterize their presentations. We focus on the five states which, from 1972–2019, had ten or more exonerations. During that period, they were Florida, Illinois, Texas, Louisiana, and Oklahoma. We conclude that the public discourse surrounding exoneration, while providing evidence of the death penalty system's most consequential flaws, serves as much to preserve that system as to challenge it.

Abstract

Under pressure to adapt to changing circumstances, the contract clause, though expressed in absolute terms, may now be violated for almost any reason at all. The living Constitution, in short, has virtually killed what was once a key constitutional provision.