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Amin George Forji

Bio: Amin George Forji is an academic researcher from University of Helsinki. The author has contributed to research in topics: International law & Arbitration. The author has an hindex of 1, co-authored 6 publications receiving 7 citations.

Papers
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TL;DR: The main relevance of the law is to direct the society to behave in a particular way or face corresponding sanctions as discussed by the authors, which is a mandatory cause of conduct accepted by members of a given society as established by the legitimate authority of that society.
Abstract: Man by nature is a gregarious being both in his body and mind. In other words, he likes to live in a community. This explains the hackneyed adage that no man is an island. Instead he is a victim of social inevitability as he must as a matter of necessity willy nilly live in a society with other human beings rather than in isolation. For any society to survive or even exist, it must inescapably anchor itself on law, which in turn governs the behavior of members of the society in question, as well as their relations, their rights and obligations. Law thus is a mandatory cause of conduct accepted by members of a given society as established by the legitimate authority of that society. When we talk about law and society, we are undoubtedly referring to a group of individuals bound together under a political organization, whose very existence is dependent on the quality of the law which has enabled that association to come into existence in the first place. Members of the society normally have an inherent interest in the preservation of both their individual welfares and that of the association.I am not trying to suggest that members of a society would robotically adhere to the laws in place. Far from that, the reverse is true. Just as the faces of all men are different, so are the members that constitute any human society. They each share varying behaviors ranging anywhere from submissiveness to delinquency. The main relevance of the law is to direct the society to behave in a particular way or face corresponding sanctions. The purpose of this paper therefore is to examine how human behavior is determined by law or relative to law, vis-a-vis the society, crime and punishment. It recognizes the enormous influence of any legal system on the behaviors of its citizenry, and asserts that law can through direct or indirect enforcement mechanisms either widen or contract the horizon of opportunities within which individuals can satisfy their sundry preferences.Inherent to the activities of any community, society or organization is a potential for order and disorder. When we are attempting to control something, we must acutely be conscious of what resists us. No society in the world however beautifully designed can function in an atmosphere of perfect harmony. With every human society constituted of people with different behavioral patterns, there is bound to be an element of disharmony at various facets of societal intercourse, which in turn necessitates law to act as specific social barometer. This consists of bringing about “the desired social conduct of men through threat of a measure of coercion which is to be applied in case of contrary conduct.” Hans Kelsen has asserted that a state is defined as a political organization only because the “political” element consists in nothing but “the element of coercion.” Another writer has succinctly observed that for there to be an organization or a society, there should be interaction, for there to be interactions there should be encounters, and for there to be encounters there should be disorder. In other words, order and disorder are effectively part and parcel of human society.

3 citations

Posted Content
TL;DR: Argentina has had more cases before the International Centre for the Settlement of Investment Disputes (ICSID) than any other country in the world as discussed by the authors, and it has also been found to be in violation of its own contractual commitments.
Abstract: Bilateral investment treaties (BITs) and the International Centre for the Settlement of Investment Disputes (ICSID) have over the years injected an important dynamic into public international law, that is, the replacement of a political remedy (peaceful cooperation amongst nations) by a legal one (settlement of investment disputes). The institution of ICSID and the revision of BITs in line with its rules have opened the way for direct investors’ claims and investor-state arbitration. The obvious implication of a compulsory arbitration provision is that it has made up for many shortcomings of the diplomatic protection mechanism with, “the potential for an individual investor, with or without the approval of its home government, to press a conflict that may ultimately have diplomatic implications and may affect relations between the two countries concerned”. It is however still debated whether such a mechanism guarantees fairness and equity for both investors and host states, or merely advantages one BIT signatory to the detriment of the other. Argentina has had more cases before the ICSID tribunals than any other country. Faced with an economic crisis in 2001–2002, it ran into conflict with foreign investors when it repealed the Convertibility Law on which most of its BITs had been negotiated. Could that action be justified as one taken in times of peril and in dire need, as sanctioned by international law, or was it just an outright breach of Argentina’s own contractual commitments?

3 citations

Posted Content
TL;DR: In the 19th century, European powers increasingly saw the acquisition of Africa as crucial to satisfy its economic imperatives namely: reinforcing home industries and instituting a market for finished products.
Abstract: International law, past and present has had to constantly wrestle with striking a balancing act between legality and imperialism. Following the Agrarian and Industrial revolutions, European economies increasingly witnessed profound boosts in productivity and net output beginning from the 17th century. By the start of the 19th century when explorations and discoveries were the currency of the day, European powers increasingly saw the acquisition of Africa as crucial to satisfy its economic imperatives namely: reinforcing home industries and instituting a market for finished products. While professing liberal moralism, European encroachment into Africa became suddenly exemplified with a turn from informal to formal empire. As Europeans penetrated deep into Africa, there also arose a need to develop a body of rules to govern their relations. The eventual encounter with African indigenous peoples sparked many complications for international lawyers at the level of international relations. How was international law going to qualify the colonization of the African continent by European invaders? Where was the moral boundary of subjugation in relation to international law? What standard was this moral boundary going to be based on?

1 citations

01 Nov 2010
TL;DR: The main relevance of the law is to direct the society to behave in a particular way or face corresponding sanctions as discussed by the authors, which is a mandatory cause of conduct accepted by members of a given society as established by the legitimate authority of that society.
Abstract: Man by nature is a gregarious being both in his body and mind. In other words, he likes to live in a community. This explains the hackneyed adage that no man is an island. Instead he is a victim of social inevitability as he must as a matter of necessity willy nilly live in a society with other human beings rather than in isolation. For any society to survive or even exist, it must inescapably anchor itself on law, which in turn governs the behavior of members of the society in question, as well as their relations, their rights and obligations. Law thus is a mandatory cause of conduct accepted by members of a given society as established by the legitimate authority of that society. When we talk about law and society, we are undoubtedly referring to a group of individuals bound together under a political organization, whose very existence is dependent on the quality of the law which has enabled that association to come into existence in the first place. Members of the society normally have an inherent interest in the preservation of both their individual welfares and that of the association. I am not trying to suggest that members of a society would robotically adhere to the laws in place. Far from that, the reverse is true. Just as the faces of all men are different, so are the members that constitute any human society. They each share varying behaviors ranging anywhere from submissiveness to delinquency. The main relevance of the law is to direct the society to behave in a particular way or face corresponding sanctions. The purpose of this paper therefore is to examine how human behavior is determined by law or relative to law, vis- -vis the society, crime and punishment. It recognizes the enormous influence of any legal system on the behaviors of its citizenry, and asserts that law can through direct or indirect enforcement mechanisms either widen or contract the horizon of opportunities within which individuals can satisfy their sundry preferences.

1 citations

01 Jan 2010
TL;DR: Argentina has had more cases before the International Centre for the Settlement of Investment Disputes (ICSID) than any other country in the world as discussed by the authors, and it has also been found to be in violation of its own contractual commitments.
Abstract: Bilateral investment treaties (BITs) and the International Centre for the Settlement of Investment Disputes (ICSID) have over the years injected an important dynamic into public international law, that is, the replacement of a political remedy (peaceful cooperation amongst nations) by a legal one (settlement of investment disputes). The institution of ICSID and the revision of BITs in line with its rules have opened the way for direct investors’ claims and investor-state arbitration. The obvious implication of a compulsory arbitration provision is that it has made up for many shortcomings of the diplomatic protection mechanism with, “the potential for an individual investor, with or without the approval of its home government, to press a conflict that may ultimately have diplomatic implications and may affect relations between the two countries concerned”. It is however still debated whether such a mechanism guarantees fairness and equity for both investors and host states, or merely advantages one BIT signatory to the detriment of the other. Argentina has had more cases before the ICSID tribunals than any other country. Faced with an economic crisis in 2001–2002, it ran into conflict with foreign investors when it repealed the Convertibility Law on which most of its BITs had been negotiated. Could that action be justified as one taken in times of peril and in dire need, as sanctioned by international law, or was it just an outright breach of Argentina’s own contractual commitments?

1 citations


Cited by
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DissertationDOI
18 Aug 2019
TL;DR: In this paper, the authors examined how the Japanese legal system has engaged with international legal frameworks to manage international parental child abduction and how this integrated legal system plays out in reality for Japanese people and others who come under its operation.
Abstract: Japan has long faced criticism for how it manages international parental child abduction cases. This thesis examined how the Japanese legal system has engaged with international legal frameworks to manage international parental child abduction and how this integrated legal system plays out in reality for Japanese people and others who come under its operation. Through case studies of abduction, the thesis examined concepts for a better legal process and revealed the broader social and philosophical shifts that both shape the legal landscape and determine how effectively Japan will be able to manage international custody issues in the future.

31 citations

Book
01 Jun 2017
TL;DR: In this article, Diel-Gligor addresses the problem of inconsistent arbitral decision-making, with a focus on ICSID arbitration, and proposes a preliminary ruling system as a means of reform.
Abstract: In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the problem of inconsistent arbitral decision-making, with a focus on ICSID arbitration. After analysing the causes, forms, and manifestations of inconsistencies, she proposes a preliminary ruling system as a means of reform.

12 citations

Book
20 Oct 2016
TL;DR: In this paper, the question of whether Europeans did or did not on a systematic scale breach these treaties in their expansion of empire was raised, in the context of the so-called "Scramble for Africa".
Abstract: In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used treaties to acquire territory. The question is raised whether Europeans did or did not on a systematic scale breach these treaties in their expansion of empire.

5 citations

Journal ArticleDOI
TL;DR: In this paper, the authors developed an approach based on the Analytic Hierarchy Process (AHP) for evaluating the impact of new gun policies on lawful gun owners and generated priorities for the criteria from pairwise comparisons.
Abstract: Balancing public good with individual rights is a difficult task; gun policies attempt to do just this. To ensure public safety, local, state, and federal agencies piece together policies that each entity believes will meet the needs of public welfare. When legislating new gun policies, the impact the policies have on gun owners are perceived as a zero-sum game; some groups are perceived to gain while others think they are losing, but the reality is much more nuanced. The reason the impact of these policies on all lawful gun owners has been considered a zero-sum game is largely because to date there has been no research measuring the impact. Further, there have been no attempts to quantify the impact that the policies have on lawful gun owners. The sole argument that has been made is about constitutionality. In this paper, we develop an approach based on the Analytic Hierarchy Process (AHP). The approach allows us to develop criteria for evaluating the impact of these policies on lawful gun owners and generate priorities for the criteria from pairwise comparisons. Criteria are compared in pairs, thus the term pairwise comparisons. This allows us to score, as with a scorecard model, gun policies for various types of gun owners with respect to the criteria according to the Benefits, Opportunities, Costs, and Risks, thereby determining the impact of each policy.

1 citations