The Viability of a Habeas Challenge to Extraterritorial Immigration Detention: A Case Study of Camp Bondsteel, Vol. 56
In the 1990s, the Bush Administration changed how industrialized countries process refugees. Instead of allowing refugees to enter their territories and afford them ostensible substantive and procedural asylum protections, industrialized countries began offshoring and externalizing their refugee processing to third-party countries. Today, families who sought refuge in Australia now sit indefinitely confined in Papua New…
May 2024
Drugs, Death, and Deterrence: A Critical Discussion of Singapore’s Use of the Death Penalty in Drug Trafficking Cases, Vol. 56
Over the course of the past half century, the topic of the death penalty had been hotly contested. The late 1980s marked the beginning of a movement against the imposition of mandatory capital punishment sentences. Various governing bodies, tribunals, protocols, and conventions have since established that the death penalty is no longer a legitimate punishment…
May 2024
A False Promise? The Right of Establishment for East Africa Community Legal Persons, Vol. 56
The right of establishment (ROE) is fundamental in any regional block. Under this right, community citizens and firms (rights holders) are entitled to leave their countries and establish commercial ventures, on a self-employed basis, in the territory of other partner states.
May 2024
False Spring: Deep Corruption and Protecting the Regime, Vol. 56
What do a shrimp farm in Saudi Arabia, fish-luring buoys for local fishermen in ‘Oman, and a domestic airline in Kazakhstan have in common? In 1976, the United States Supreme Court inaugurated an era of nearly unlimited political spending with Buckley v. Valeo. After the Watergate scandal cratered a popular presidency and sent shockwaves through…
May 2024
Recent News and Events
The Problems of Legitimacy of the South African Magistrate Court System as a Quasi-Judicial Entity: a Historical, Statutory, and Case-Based Analysis, Vol. 56.3
INTRODUCTION: This article aims to complete an in-depth analysis of an often-overlooked part of the South African judicial system, the Magistrate Court system. The article will highlight the historical evolution of the Magistrates’ Courts, and the negative public perception of the Magistrates’ Courts, especially worsened by the Magistrates’ Courts’ role in perpetuating the harms of…
Mar 01 2024
The Bounds of Bond v. United States: International Treaties and Military Prosecution of Bacteriological Murder, Vol. 56.3
Introduction Little has been written about congressional treaty power beyond the seminal cases Missouri v. Holland, Reid v. Covert, and of course, Bond v. United States. But even with such a limited pool of information, one rule is clear: congressional power to regulate interstate commerce does not permit prosecutions for domestic crimes under statutes implementing…
Mar 01 2024
The Current Reality of Post-Arab Spring Constitutional Reforms in Morocco and Tunisia, Vol. 56.2
During the 2010-2011 political uprisings in countries across the Middle East and North Africa (“MENA”), dubbed the “Arab Spring,” protestors championed constitutional reforms as a way of transforming their autocratic regimes into more democratic systems. In reality, though, there was a large gulf between the aspirations of these reforms and what they were actually able…
Dec 29 2023
Some Questions About Ukrainian “Way to NATO” Constitutionality: Some Legal Aspects Which May Become the Stumbling Blocks for Ukrainian Future NATO Membership, Vol. 56.2
Introduction Following the recent official survey, almost 90% of Ukrainians want Ukraine to become a North Atlantic Treaty Organization (“NATO”) member, which is logical given Russia’s full-scale invasion in 2022. The paradox, however, is that such a way is blocked primarily because of the Russian invasion. Putin reasoned that by invading, he could halt the…
Dec 29 2023
Nuclear Proliferation Resistant Means: Analysing NPT, Vol. 56.2
Nuclear proliferation is a serious global security threat as it results in states that otherwise would have no or little means of pursuing a nuclear program to pursue the same. Today, as nuclear weapons technologies and know-how are readily available from states across the globe, pursuing a nuclear program has become relatively easier. Legal mechanisms like…
Dec 29 2023
Moral Damages Due to Loss of Reputation in Investment Arbitration: A Search for A Common Standard, Vol. 56.2
The concept of moral damages has been judicially observed in the field of international investment arbitration. Firstly introduced in the Lusitania Cases, moral damages can be referred to the form of damages to repair for an injury resulting out of a non-material harm, i.e., harm which is not pecuniary in nature. Moral Damages can be…
Dec 29 2023
Navigating the Connection Between Migration Policies and International Trade: Insights from the Arab Region, Vol. 56.2
Introduction While widely explored, the link between international trade and migration remains debatable. Migration patterns often vary with political and economic environment. An argument could be made that trade policies are now being shaped in response to migration challenges. For instance, trade liberalization may decrease migration by opening developed countries’ markets to exports from developing…
Dec 29 2023
Cyber-threats in the Mediterranean Region: The Challenges of Global Digitalization, Vol. 56.2
Introduction This article enquires whether international relations can be used as a conceptual framework to delineate international and European legal responses that can address the geo-political tensions that have been translated into cyber-threats in the Mediterranean region. It argues that international relations—and in particular the multi-stakeholder model—can offer the appropriate conceptual framework within which the…
Dec 29 2023
Countering An Illegal Expropriation to the Sound of the Gavel: GM vs Venezuela?, Vol. 56.2
This article illustrates how bilateral investment treaties (BITs) help foreign investors to protect their undertakings against expropriations by the host state. By taking a real life example, the article will briefly discuss the 2017 expropriation of General Motors’ assembly plant in Venezuela. Following that, it will show how GM may avail itself of international rights…
Dec 29 2023
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Mar 25 2022