Myanmar Laws Digest PDF Book

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Myanmar Laws Digest

Author : ʼOṅʻ Sanʻʺ Thvanʻʺ (Upadevijjā Ūʺ)
Publisher : Unknown
Release : 2001
Category : Law
ISBN : UOM:39015052361303
File Size : 12,9 Mb
Total Download : 647

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Book Summary:

Law, Society and Transition in Myanmar

Author : Melissa Crouch,Tim Lindsey
Publisher : Bloomsbury Publishing
Release : 2014-10-23
Category : Law
ISBN : 9781782254768
File Size : 52,8 Mb
Total Download : 556

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Book Summary: This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

Digest of United States Practice in International Law 2006

Author : Sally J. Cummins
Publisher : Oxford University Press
Release : 2008-01-04
Category : Law
ISBN : 9780199713127
File Size : 55,8 Mb
Total Download : 125

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Book Summary: Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, this annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisons, Senate committee reports and press releases. All of the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.

Tradition and Modernity in Myanmar

Author : Uta Gärtner
Publisher : LIT Verlag Münster
Release : 1994
Category : History
ISBN : 3825821862
File Size : 31,9 Mb
Total Download : 366

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Book Summary: In May 1993 noted scholars from eleven countries who share a common interest in Burma/Myanmar irrespective of the considerable diversity of their special fields met on the occasion of the international conference "Tradition and Modernity in Myanmar" organized by the Department of Southeast Asian Studies of the Centre of Asian and African Studies, Humboldt University, Berlin. Their papers on problems of religion, history, politics, ethnicity, language, culture provide a survey of international research work on this country having as their common denominator the role of tradition with special reference to present times. Part one of this two-volume set covers the fields of history and politics, Part two culture, social life, and language.

SOLVING STATELESSNESS IN MYANMAR

Author : Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel
Publisher : Lulu.com
Release : 2020-01-20
Category : Law
ISBN : 9781794879966
File Size : 18,8 Mb
Total Download : 322

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Book Summary: When the Nu-Atlee Agreement decolonized Burma (Myanmar), the option to refuse the nationality for the new state and chose another nationality had not been given to the minorities of Burma (Myanmar). Before the independence of Myanmar, all the peoples including the minorities were under the protection of the Article 73 of the UN Charter. When the minorities of Burma (Myanmar) became stateless by decolonization, this is against the "object and purposes" of Article 73 of the UN Charter that can never be "sacrificed." Decolonization is based on the principle, "leaving no one behind" for the right of the peoples to self-determination. The UN and the international community as a whole under the erga omnes responsibility for the protection of the Nu-Atlee Agreement on the base that "no derogation shall be allowed from the right of the peoples to self- determination."

Sex Trafficking in Southeast Asia

Author : Trude Jacobsen
Publisher : Taylor & Francis
Release : 2016-11-10
Category : Social Science
ISBN : 9781134830152
File Size : 38,9 Mb
Total Download : 242

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Book Summary: This book brings an important new perspective to the study of sex trafficking by considering the different types of social contracts which existed in the past that had sexual labour or activity as an inherent component. It outlines the nature of these social institutions – marriage, temporary marriage, debt bondage, and slavery – which were recognized in local law, carried no stigma, and endured for long periods. It discusses how labour pledged in return for a loan of cash or as a result of a punishment dictated by the state often included sexual labour, and how this could take the form of servicing the master of the house, his guests, or foreign travellers, who paid the debt-holder for the privilege, and how even wives of different ranks, temporary or permanent, and children, were pledged as sureties for loans. The book, which covers the modern states of Myanmar, Thailand, Laos, Cambodia, and Vietnam, argues that cultural norms are not static, that sexual contracts are more complicated than simply ‘marriage’ or ‘prostitution’, and that as trafficking for sexual purposes increases, those engaging in humanitarian intervention should improve their knowledge of the historical underpinnings of cultural understandings of familial and contractual obligations.

Digest of United States Practice in International Law, 2009

Author : Elizabeth R. Wilcox
Publisher : Oxford University Press
Release : 2011-04-07
Category : Law
ISBN : 9780199759002
File Size : 52,9 Mb
Total Download : 143

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Book Summary: Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. Featured in the 2009 Digest are excerpts from and discussion of numerous documents relating to issues of current interest, including the following: * Final Rule issued by the U.S. Department of Health and Human Services eliminating ban on people with HIV from entering the United States, 74 Fed. Reg. 56,547 (Nov. 2, 2009) (Chapter 1, Nationality, Citizenship, and Immigration) * U.S. federal court decisions involving First Amendment challenges to district court decisions upholding denials of visas to individuals accused of having contributed funds to terrorist organizations (e.g., the Second Circuit vacated and remanded a district court's decision upholding the denial of a visa to Muslim scholar Tariq Ramadan (American Academy v. Napolitano, 573 F.3d 115 (2d Cir. 2009)) (Chapter 1, Nationality, Citizenship, and Immigration) * U.S. motion to dismiss petition for a writ of habeas corpus filed by a Mexican national who claimed that he would be tortured if extradited to Mexico to face homicide charges (Saldana v. United States, No. 2:09-cv-02786-JPM-cgc (W.D. Tenn. 2009)) (Chapter 3, International Criminal Law) * Eleventh Circuit affirmation of district court's 2008 decision denying writ of habeas corpus to former Panamanian dictator Manuel Noriega to prevent his extradition to France (Noriega v. Pastrana, 564 F.3d 1290 (11th Cir. 2009)) (Chapter 3, International Criminal Law) * U.S. grant of two petitions for certiorari in a case challenging constitutionality of the provisions of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, that make it a criminal offense for any person within the United States or subject to U.S. jurisdiction "knowingly" to provide "material support or resources" to a designated foreign terrorist organization ("FTO") (Holder v. Humanitarian Law Project, 130 S. Ct. 534 (2009); Humanitarian Law Project v. Holder, 130 S. Ct. 534 (2009)) (Chapter 3, International Criminal Law) * Statement of Secretary of State Hillary Rodham Clinton about the "Human Rights Agenda for the 21st Century" (Georgetown University, December 14, 2009) (Chapter 6, Human Rights) * U.S. statements to the UN Human Rights Council relating to the Gaza conflict and the report of the UN Fact Finding Mission on the Gaza Conflict (the "Goldstone Report") (Chapter 6, Human Rights) * Statement of President Barack H. Obama and memorandum to the Secretary of State and the Administrator of the United States Agency for International Development on the rescission of the "Mexico City Policy," which had directed USAID to withhold USAID funds from any nongovernmental organization using non-USAID funds to engage in activities relating to abortion (Chapter 6, Human Rights) * Letter of Secretary of State Hillary Rodham Clinton to Senator Jeanne Shaheen outlining U.S. initiatives to end the use of rape and sexual violence in conflict zones, particularly in Sudan and the Democratic Republic of the Congo, accompanied by the proposed "Strategic Plan for Combating Violence Against Women in Sudan and the Democratic Republic of the Congo (DRC)," and Statement of Secretary of State Clinton to the UN Security Council regarding U.S.-led Resolution concerning sexual violence in situations of armed conflict (Chapter 6, Human Rights) * Statement of Ambassador Susan Rice, U.S. Permanent Representative to the United Nations, and White House Senior Advisor Valerie Jarrett on the views of the U.S. towards the UN Convention on the Rights of Persons with Disabilities (signed by the U.S. on July 30, 2009) (Chapter 6, Human Rights) * Statement of Harold Hongju Koh, Department of State Legal Adviser, to the International Court of Justice, discussing whether the "unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo [is] in accordance with international law" (Chapter 9, Diplomatic Relations, Succession, and Continuity of States) * U.S. federal court decisions relating to actions brought under sovereign states under the Foreign Sovereign Immunities Act, including actions against the Holy See, the Islamic Republic of Iran, and the Kingdom of Saudi Arabia (Chapter 10, Foreign Sovereign Immunity) * Diplomatic note indicating change in policy of the Department of State to extend the "definition of 'family' forming part of the household of a diplomatic agent [to] include same-sex domestic partners ('domestic partners') for purposes of the application of the Vienna Convention on Diplomatic Relations and Vienna Convention on Consular Relations in the United States" (74 Fed. Reg. 36,112 (July 22, 2009)) (Chapter 10, Foreign Sovereign Immunity) * The Office of the U.S. Trade Representative's 2009 Special 301 Report to identify those foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons that rely upon intellectual property protection (Chapter 11, Trade, Commercial Relations, Investment, and Transportation) * Statement of the Contact Group on Piracy off the Coast of Somalia ("CGPCS"), hosted by the United States at UN Headquarters in New York (Chapter 12, Territorial Regimes and Related Issues) * President Barack H. Obama's December 18, 2009, press briefing relating to the "Copenhagen Accord," reached by the major world economies at the Fifteenth Session of the Conference of the Parties to the UN Framework Convention on Climate Change (Chapter 13, Environment and Other Transnational Scientific Issues) * Testimony of Keith Loken, Assistant Legal Adviser for Private International Law, Department of State, in support of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (which was signed by the United States but awaits Senate approval) (Chapter 15, Private International Law) * Various documents relating to the U.S. position on the imposition or retention of sanctions against or the curtailment of assistance to countries including the Democratic People's Republic of Korea, Iran, Eritrea, the Democratic Republic of Congo, Sudan, Burma, Madagascar, and Honduras (Chapter 16, Sanctions) * Memorandum of President Barack H. Obama to the Secretaries of State, Treasury, and Commerce instructing them to take certain actions to implement a new policy to promote democracy and human rights in Cuba, including "facilitating greater contact between separated family members in the United States and Cuba and increasing the flow of remittances and information to the Cuban people" (Chapter 16, Sanctions) * U.S. positions on the peace process in the Israeli-Palestinian conflict and the resolution of the North-South conflict in Sudan, as well as U.S. positions on peacekeeping in Georgia, Kosovo, Lebanon, and Somalia (Chapter 17, International Conflict Resolution and Avoidance) * Excerpts from Executive Order 13491, "Ensuring Lawful Interrogations," 74 Fed. Reg. 4893 (Jan. 27, 2009), which was intended "to improve the effectiveness of human intelligence-gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed" (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation) * Excerpts from Executive Order 13492, "Review and Disposition of Individuals Detained At the Guantánamo Bay Naval Base and Closure of Detention Facilities," 74 Fed. Reg. 4897 (Jan. 27, 2009) (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation) * Other U.S. positions relating to treatment of detainees upon release, as well as U.S. federal court decisions relating to habeas litigation involving current detainees held at Guantanamo and in Afghanistan and civil suits involving former Guantanamo detainees (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation)

Buddhist Law in Burma

Author : D. Christian Lammerts
Publisher : University of Hawaii Press
Release : 2018-08-31
Category : Religion
ISBN : 9780824872601
File Size : 42,8 Mb
Total Download : 482

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Book Summary: Burma and neighboring areas of Southeast Asia comprise the only region of the world to have developed a written corpus of Buddhist law claiming jurisdiction over all members of society. Yet in contrast with the extensive scholarship on Islamic and Hindu law, this tradition of Buddhist law has been largely overlooked. In fact, it is commonplace to read that Buddhism gave rise to no law aside from the vinaya, or monastic law. In Buddhist Law in Burma, D. Christian Lammerts upends this misperception and provides an intellectual and literary history of the dynamic jurisprudence of the dhammasattha legal genre between the thirteenth and nineteenth centuries. Based on a critical study of hundreds of little-known surviving dhammasattha and related manuscripts, Buddhist Law in Burma demonstrates the centrality of law as a crucial discipline of Buddhist knowledge in precolonial Southeast Asia. Composed by lay and monastic jurists in prose and verse, in Pali, Burmese, and other regional vernaculars, dhammasattha were intended for use by judges to guide the adjudication of legal disputes. Lammerts argues that there were multiple, sometimes contentious, modes of reckoning Buddhist jurisprudence and legal authority in the region and assesses these in the context of local cultural, textual, and ritual practices. Over time the foundational jurisprudence of the genre underwent considerable reformulation in light of arguments raised by its critics, bibliographers, and historians, resulting in a reorientation from a cosmological to a more positivist conception of Buddhist law and legislation that had far-reaching implications for innovative forms of dhammasattha-related discourse on the eve of British colonialism. Buddhist Law in Burma shows how, despite such textual and theoretical transformations, late precolonial Burmese jurists continued to promote and justify the dhammasattha genre, and the role of law generally in Buddhism, as a vital aspect of the ongoing effort to protect and preserve the sāsana of Gotama Buddha. The book will be of value to students and scholars interested in the rich legal, intellectual, and cultural histories of Buddhism in Burma and Southeast Asia, or in the historical intersections of law and Buddhism.