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Can Huawei sue the US government for defamation?
Get PDFThis article studies the law of foreign state immunity from a comparative perspective and uses the facts of Huawei-US controversy as a test case to illustrate the differences in the laws of various jurisdictions. The US government has made a number of allegations against Huawei regarding its 5G products and services. The US has also called for the imposition of a ban on Huawei from competing for 5G contracts in a number of common law countries. As a result, Huawei’s business and its reputation are inevitably damaged. Certain allegations against Huawei’s business ethics may be difficult to support due to lack of evidence to support it. This article evaluates the threshold question of foreign state immunity to see if Huawei can sue the US government for defamation. It is concluded that state immunity would block such a claim in most common law jurisdictions, though it may be possible to sue in Canada. It would mean (1) Huawei does not have sufficient legal protection, and (2) it would imply a country may be able to use defamation as an innovative and strategic tool to interfere with commercial competition whilst it may not have any legal consequence. The position on foreign state immunity in China will be discussed for academic comparison
The Concept of International Law in an Era of Populism
Get PDFNowadays, the world is experiencing a populist trend that is enhancing a nationalist viewpoint, which has contributed to the perception that international law is currently in a state of crisis. Populists attack international law calling it a device used by global elites to dominate policymaking and designed benefit themselves at the expense of the common people. This essay must be understood against this current trend and will explore how state behaviour that originates from a populist attitude affects international law. It attempts to answer the following questions: Why and how does populism challenge the very idea of international law? What are the effects of populist governments on international law? And what role would international law play in a populist era? This essay concludes that populists attack international law because the international legal system, as it developed after the 1990s, is based on values and concepts such as international solidarity which go against the identity and nationalistic politics of populists. Populist governments’ attitude towards international law ranges between an instrumental approach and a rhetoric-based principled opposition that if enacted in practice, would significantly change international law’s nature as it has developed after 1990. In general, populists promote a concept of international law as a law of coordination and aim to reduce it to an instrument for furthering national interests
Administration of Criminal Justice Act of Nigeria 2015: A Critique of Selected Legislative Expressions
Get PDFThe quality of any legislation is determined chiefly by its ability to accurately communicate its intention as well as its capacity to meet the society’s expectations and needs at every point in time. Language is the tool of communication. Legislative competence requires a good mastery of the use of written language and the relevant techniques for translating legislative intent into properly structured sentences that serve the goal of the legislation. Nigeria’s Administration of Criminal Justice Act (ACJA) 2015 was long overdue and well received. It aimed at tackling the multi dimensioned problems that plagued the criminal justice system for decades. Through a desk review, this article examines certain legislative expressions in the Act. It finds that the Act is plagued by a significant measure of substantive and legislative expression gaps, which diminish its quality and negatively impact its implementation. The article proffers relevant alternative redrafts and suggestions. Its position is that if these gaps are not timely addressed, they may further affect the effective implementation of the Act. It, therefore, recommends the amendment of the Act along the line of the issues identified in the article, in addition to all other related issues in the Act
PhD Research
Get PDFRegister of completed and current PhD research regarding an element of electronic evidence and electronic signatures
Public and Private Realms of the Administrative Justice System: Homelessness Cases in England
Get PDFApplicants who need urgent housing assistance from local government in England hope to gain the benefit for which they have applied. Should they fail to secure assistance or actual temporary accommodation, effective dispute processes would need to be in place within the administrative justice system. Yet, what would effective dispute management mechanisms look like to homeless applicants who might be experiencing ‘applicant fatigue’? This article examines the situation of the homeless applicant, aspects of whose private life is being processed by a public administrative and legal system, and considers the measures that need to be in place for homeless applicants to be able to access the full benefits of the non-legal and legal mechanisms.
Keywords: homelessness; complaints; reviews; applicant fatigue; applicant–administrator relationshi
