Corruption, a virus of Cambodian society

Corruption is omnipresent in Cambodian society and constitutes the main obstacle to sustainable development. The last ratings of the Corruption Perception Index (CPI), released by Transparency International in 2018, ranked Cambodia 161th out of 180 countries (in 2017: 156th out of 176), with a score of 21 out of 100. Cambodia is perceived as the most corrupt country within ASEAN and the third lowest in the Asia Pacific Region, after North Korea and Afghanistan.

Continue reading Corruption, a virus of Cambodian society

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International Civil Litigation Procedure- Fall 2017

This course is designed to provide a comprehensive introduction to the law, theory, institutions, and procedure of international civil litigation, which has traditionally been concerned with three topics:

  • International or inter-territorial jurisdiction of courts in civil and commercial litigation;
  • Choice of law (whether the law of another State or territory should be applied);
  • Recognition and enforcement of foreign judgement;

Syllabus

Book – Introduction to Cambodian Law

Cambodian Civil Code English

Cambodian Civil Code Khmer

  1. Introduction to the Course
  2. Public and private law, Sources of law, structure of civil law
    1. Top Tips for Effective Presentations
  3. Natural and Judicial persons
    1. Students presentation – Roman/Justinian Law
  4. Property law
    1. Article – Good Faith and Fair Dealing
    2. Students presentation – French Civil Code
  5. Principle of good faith
    1. Students presentation – German Civil Law
  6. Obligations
    1. Students presentation – Common law and civil procedure
    2. How to write a proper e-mail
    3. Article – Restitution in American law
    4. Article – Compensation in French law
  7. Contract part 1
    1. Students presentation – Cambodian Inheritance (Succession) law
    2. Article – French Law of Contract
    3. Article – Succession law in Europe
  8. Contract part 2
    1. Students presentation – Cambodian Civil Procedure
  9. Conflict of Laws & Litigation Strategy
    1. Lotus Case
    2. Students Presentation – Lotus Case
  10. Rules governing conflict of jurisdiction
    1. Students presentation – Lexx and Color case
  11. Mid-term Exam
  12. Sovereign Immunity part 1
  13. Sovereign Immunity part 2
    1. Students presentation – The Schooner Exchange v. M’Faddon
  14. Forum non conveniens
    1. Students presentation – Republic of Argentina v. NML Capital, Ltd Case
    2. Video – Republic of Argentina v. NML Capital, Ltd Case
    3. Students presentation – Spiliada Maritime Corp vs Cansulex Ltd case
  15. Choice of court agreements
    1. Students presentation – Berghoefer case
  16. Choice of law agreements
    1. Students presentation – Anton Durbeck case
  17. Recognition and Enforcement of Foreign Judgement
    1. Students presentation – Krombach v. Bamberski case
  18. Final Exam (23 February at 8 am)
    1. 10 open questions to prepare

NATO, Russia and Ukraine

The question of a possible accession of Ukraine to the NATO has been put aside since at least 2014. The war in Ukraine has diametrically changed the international and regional situation. Beyond doubt, the accession would be a win-win outcome for both – the state of Ukraine and the North Atlantic Treaty Organization. Nevertheless, Russia would lose its dominant position in the region, a position builds upon historical, economic and cultural approach. Russia always rejects a further expansion of the NATO arguing that the organisation has lost its role since the end of Cold War. Continue reading NATO, Russia and Ukraine

Chemical, biological, radiological and nuclear Defense

The prevention of Chemical, biological, radiological and nuclear  risks (CBRN) is evolving within NATO. Originally, NBC stands for a nuclear, biological or chemical weapon. With the rise of terrorism, the term “radiological” was added to refer to the release of radioactive contaminants, including a radiological bomb or dirty bomb (different from a nuclear bomb). Continue reading Chemical, biological, radiological and nuclear Defense

Measures to Combat International Terrorism

Terrorism is not a phenomenon of the 21th century; it has long been a method of violent action by individuals and organizations alike attempting to achieve their political goals. Since the September 11 attacks on the Twin Towers however, terrorism has inherently changed into a new form which involves different actors, underlying motivations and actions. The death of Osama Bin Laden diminished the power of Al Qaeda, raising hopes that the war on terror was nearing its end. Continue reading Measures to Combat International Terrorism

Situation of human rights in Myanmar

The process of consolidating democracy and creating a culture of human rights continues to be complex in Myanmar. There is still a significant lack of understanding about the democratic society and its active role in the life of the country. It undermines respect for human rights and the rule of law, democratic institutions and sustainable development. Continue reading Situation of human rights in Myanmar

Election in Germany

The elections in Germany have brought many answers to the current political situation, not only in Germany but also in Europe. Together with the French elections, there are the most influential in the nearest future of the continent. Beyond doubt, politicians who rule in Berlin and Paris also design the policy of Brussels. After Trump and Brexit, many political commentators expected that German elections would bring the politics back to the right track, towards a system without a (significant) presence of populist and right-wing parties. Continue reading Election in Germany