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.

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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

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

Situation of human rights in the Central African Republic

The security situation has recently deteriorated in Central African Republic. Territorial clashes between armed groups have been reported in most of the provinces. It includes attacks against MINUSCA peacekeepers. No progress has been made in implementing the disagreement, demobilisation and repatriation. The Armed Forces of Central African Republic does not control the security situation. The EU supports the development of the CAR Armed Forces by providing training, accreditation and certification. The CAR requested to lift the arms embargo in order to provide the army with necessary equipment. Continue reading Situation of human rights in the Central African Republic

Situation of human rights defenders

The term human rights defender refers to individuals or groups that strive to protect and promote human rights in a peaceful manner. They play a critical role in fostering corporate respect for human rights, including civil, political, social and economic rights. The activity of human rights defender leads to achieve sustainable development by promoting gender equality, protecting environment and combating corruptions worldwide. Continue reading Situation of human rights defenders

Principle of National Treatment

The principle of national treatment stands alongside with most-favoured-nation treatment (MFN), one of the most significant pillars of the World Trade Organization. It is included in the Art III of GATT and prohibits any discrimination for foreign products, as compared to similar domestic goods. The aim of the commitment is therefore to grant the best possible treatment in relation to these products and to prevent any form of protectionism — measures that differentiate domestic and imported goods. Continue reading Principle of National Treatment

The scope of the likeness in Art III:4 – competitive relationship in the market place

As regard to the criteria of Border Tax the Appellate Body in the EC-Asbestos case hold that competitive relationship is highly relevant and both necessary and sufficient for determination of likeness standard under Art III:4 and therefore regulatory purposes are irrelevant. National treatment principle can be applicable only with respect to ‘like products’ being in a close competitive relationship in the marketplace. Consequently, protectionist measures can be possibly applied only with the purpose of affecting the significant situation in the market of such products.[1] The Appellate Body stated as following:

Continue reading The scope of the likeness in Art III:4 – competitive relationship in the market place