Law

Permanent URI for this collectionhttps://digital.lib.washington.edu/handle/1773/4935

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The Impact of the Codification of the Saudi Evidence Law on the Treatment of Digital Evidence in Saudi Courts
(2026-02-05) Alshammari, Sultan; Schumacher, Scott
A crucial element in the process to reach final judgment in Saudi Arabian courts has been the definition of evidence and the determination of its reliability. This persistent problem has been exacerbated by several factors, including the idea that digital evidence is less significant than other forms, the lack of formal regulations for its authentication and reliability, no formal efficient ways of assessing its relevance and admission, and the potential for compromised integrity due to the vulnerability of digital evidence to alteration or falsification. Given that digital evidence is very common in the modern legal environment, it is important to better understand its impact on the length of Saudi Arabian court proceedings. Recognition of the importance of evidence law as a fundamental element of the Kingdom’s Vision 2030 goals for transforming its legal system resulted in a comprehensive 2022 Evidence Law that governs all the means of proof in civil and commercial transactions. Importantly, the utilization and regulation of digital evidence in court proceedings is included in this law, as it marked the first time in Saudi legal history that digital evidence has been formally recognized as an admissible means of proof before the courts. However, despite the 2022 Evidence Law’s promise and capacity to reduce the length of court proceedings, there has been little research that evaluates its role in doing so, particularly in regard to the use of digital evidence. This study sought to gather qualitative data from Saudi legal professionals who are directly involved in the application of the law regarding their experience with the consequences of the 2022 Evidence Law’s impact on the admission of digital evidence, the discretionary power of judges to evaluate such evidence, and the length of court proceedings. then The data were analyzed using Braun and Clarke’s thematic analysis framework. The qualitative method was chosen for this study because direct data collection from legal professionals provided real-world examples of the problem of lengthy court proceedings and the use of digital evidence in the legal proceedings within the context of the 2022 Evidence Law. Findings in this study were that Saudi Arabian legal professionals perceived the new Evidence Law as a major reform that has contributed to less lengthy court proceedings, higher rates of digital evidence admission, and affected the discretionary power of judges in several ways. It has narrowed judges’ discretion in determining admissibility by explicitly specifying which forms of evidence are acceptable. Also, reduced judicial flexibility in granting litigants additional time to submit evidence. At the same time, judges retain authority to assess the weight and the probative value of admitted evidence in relation to the facts of a case. Recommendations for further improvement in the use of digital evidence in court proceedings included making improvements to the Najiz electronic judicial submission platform. Future research opportunities in this topic include comparative studies of the adaptation of the Saudi Arabian 2022 Evidence Law in other Islamic nations, an examination of technological issues in the Najiz system, and an investigation into the potential use of the law in criminal cases. Overall, the study contributed to the growing body of knowledge in English about reforms to the Saudi Arabian legal system, the practical uses of the 2022 Evidence Law, and real-world data about the use of digital evidence in the Saudi courts.
Alternative Dispute Resolution in Public-Private Partnership Contracts in Saudi Arabia: Historical Context and Contemporary Developments
(2025-10-02) Alsahli, Bndar; Spitzer, Hugh; Abdel Aziz, Ahmed
This dissertation investigates the underexplored role of contract details and alternative dispute resolution (ADR) practices in Public-Private Partnership (PPP) agreements within the Saudi Arabian context. Despite the global rise of PPPs as a strategic tool for infrastructure development and economic diversification, legal scholarship has paid limited attention to the governance structures that underpin these complex arrangements. Drawing on transaction cost theory, institutional analysis, and law and development frameworks, this research examines how ADR methods can enhance the implementation of PPP projects by addressing legal, technical, financial, and cultural challenges. Through qualitative and empirical legal research, including semi-structured interviews with attorneys, academics, policymakers, investors and economists, the dissertation explores the practical application of ADR in Saudi PPP contracts. It highlights the influence of recent legislative reforms, particularly the 2021 Privatization Law and arbitration regulations, which formalize previously informal dispute resolution practices. These reforms aim to reduce transaction costs, increase legal certainty, and foster trust among stakeholders.The dissertation situates ADR within Saudi Arabia's historical trajectory of privatization efforts since the 1970s, revealing persistent legal and institutional barriers such as conflicts of law, enforceability issues, and jurisdictional ambiguities. It emphasizes the importance of aligning informal dispute resolution practices with formal legal frameworks to support the delivery of complex PPP projects involving diverse stakeholders and cross-border legal regimes. Ultimately, this research contributes to the broader discourse on PPP governance by offering a context-specific analysis of ADR in Saudi Arabia. It provides valuable insights into how legal institutions, cultural norms, and economic imperatives shape the perception and implementation of dispute resolution mechanisms in PPPs. The findings underscore the potential of ADR to mitigate risks, enhance cooperation, and facilitate the successful execution of nationally significant infrastructure projects.
Mind the gap: Centering women in a convention on the rights of older persons
(2025-05-12) McCloskey, Megan Ellen; Raigrodski, Dana
Over the past decade, the movement to reform the international human rights framework and add a new convention on the rights of older persons has gained traction. Calling out the absence of specific measures to address ageism, advocates have argued a new treaty is essential to reduce discrimination against older persons generally. But as the global community takes up consideration of the content of such a convention, it is essential to recognize and address the unique experiences of discrimination women encounter at the intersection of gender and ageing. This paper reviews efforts to address intersectional forms of discrimination against older women within existing human rights mechanisms at international and national levels and concludes they have so far been inadequate to address gendered forms of ageism which disadvantage women of all ages and across diverse fields. Gaps in legal protections for older women as well as the absence of measures targeting gendered ageism impacting women at every age suggest that a new treaty could be a valuable tool. This paper argues that addressing those gaps offers an important opportunity to respond to feminist criticisms of international law and revisit the structural dimensions of gendered inequalities of which gendered ageism is one example. A treaty which takes an expressly gender-sensitive and intersectional approach and centers the voices and experiences of women could do much to advance substantive equality within the human rights system.
Collaborative Approaches to AI Governance: Exploring Co-Design and Co-Regulation Models
(2025-01-23) Cheong, Inyoung; Kohno, Tadayoshi
As Artificial Intelligence (AI) systems become increasingly complex and their social impacts more profound, traditional methods to technology governance are proving inadequate. Neither top-down regulation nor unfettered market freedom appears capable of addressing the multifaceted challenges posed by AI technologies. In response, participatory and democratic strategies are gaining traction in AI governance discussions as potential solutions. However, the practical implementation of these approaches and the challenges they may face remain underexplored in the literature, with existing theories often remaining idealistic and detached from real-world constraints. This dissertation introduces a novel approach to AI governance by integrating co-design and co-regulation methodologies. It addresses three key research questions: (1) How might co-design and co-regulation be defined and integrated in the context of AI governance? (2) How can domain-specific expert knowledge be effectively elicited and integrated into AI governance policies? (3) How do co-regulation models in related domains facilitate stakeholder collaboration, and what lessons can be applied to AI governance? The research methodology combines theoretical analysis with empirical research, featuring two in-depth case studies. The first study examines co-design in AI systems providing legal advice, engaging legal experts to develop guiding principles based on time-tested wisdom in legal professional communities. The second investigates co-regulation in online content moderation in South Korea, comparing web comics and news industries to identify critical factors for successful co-regulation. Both studies apply established frameworks to contexts previously unexplored in the AI governance literature. The key findings reveal that effective participatory governance requires strategic calibration of participation rather than maximizing participation, balancing diverse needs, motives, and contextual factors. This nuanced approach acknowledges that while multi-stakeholder involvement is crucial, shared responsibilities can lead to diffused accountability. This work specifies key questions for utilizing participatory or collaborative methods in AI governance and identifies significant contextual factors that may determine the success of such systems. It equips policymakers, AI developers, academics, and affected communities with pragmatic viewpoints, moving beyond abstract ideals to address real-world complexities. As a starting point for future research at the intersection of participatory design, collaborative regulation, and AI development, this dissertation challenges the field to advance from theoretical discussions to pragmatic, context-sensitive strategies in AI governance.
Advancing Inclusion: A Cross-National Study on Educational Laws and Practices for Children with Disabilities in The Gambia and Senegal
(2025-01-23) JALLOW, ISATOU; Brown, Sharan E
This research explores the challenges and opportunities of inclusive education for children with disabilities in The Gambia and Senegal. Inclusive education embraces all students as valued members of their school communities and favors the integration of students with disabilities into mainstream classrooms over exclusion and segregation in special schools. International and domestic laws and policies seek to ensure equal access to quality education. A review of existing laws, including the Disability Acts of both countries, reveals the evolution of legal frameworks ensuring the rights of children with disabilities to receive a free appropriate public education. While The Gambia and Senegal have made strides in policy development, there is a need for more robust legal enforcement and advocacy to translate these policies into practice. Using qualitative fieldwork, data was gathered from elementary schools through semi-structured interviews and classroom observations. The research highlights significant barriers to inclusive education in both countries, including inadequate infrastructure, limited access to special educational resources, and insufficient teacher training. Deeply ingrained cultural attitudes and societal beliefs about disability further hinder inclusive practices in The Gambia and Senegal. Despite these challenges, the research identifies promising initiatives such as specialized teacher training programs, the development of disability-friendly infrastructure, and expanded collaborative efforts between schools and disability organizations. These initiatives have positively impacted educational outcomes and fostered a sense of belonging among students with disabilities. The research concludes that achieving meaningful inclusive education in The Gambia and Senegal requires multifaceted approaches. Key recommendations include increased investment in educational resources and infrastructure, comprehensive teacher training, and promoting positive societal attitudes toward disability. Advocacy efforts should focus on strengthening legal frameworks and resources to ensure the enforcement of inclusive education laws and policies. These investments and efforts are essential for creating equitable educational environments that support all students' full participation and development, regardless of their abilities.
From Contemporary (Semi-Competitive) Authoritarian Regimes to Constitutional Democracies in Africa: Lessons from The Gambia, Uganda and Zimbabwe
(2024-10-16) NABANEH, SATANG; Walsh, Walter J
Africa’s political landscape is experiencing a period of flux, with long-standing authoritarian leaders stepping down. This dissertation explores how semi-authoritarian regimes in Africa manage these leadership transitions. Focusing on The Gambia's surprising upset in 2016, Uganda’s controversial re-election of President Museveni, and Zimbabwe’s Mugabe resignation, the study examines motivations behind holding elections in regimes lacking true democratic features and the potential for these elections to yield unexpected outcomes. The research tackles four key questions. First, it investigates why authoritarian regimes choose to hold elections despite the inherent risks. Second, it explores the factors that influence regime stability or change. Third, the study examines the role that constitutions play in facilitating transitions from authoritarianism. Finally, it analyzes the dual role of elections, both legitimizing regimes and potentially leading to their downfall. The dissertation argues that authoritarian regimes strategically hold elections to bolster their legitimacy but face the risk of opposition mobilization and internal dissent. While these regimes manipulate legal frameworks to maintain control, the very constitutions they exploit can offer avenues for challenges, creating a precarious power balance. The dissertation acknowledges the contingency of electoral processes and examines the diverse outcomes across case studies. It explores how manipulating constitutions and concentrating executive power, as seen in recent Ugandan elections, can impact a regime’s longevity. The concept of ‘constitutional authoritarianism’ is introduced, arguing that regimes exploiting constitutions for control can be weakened by those very structures. Excessive authoritarian practices within a constitutional framework can backfire by galvanizing opposition movements and fracturing regime support. Employing a socio-legal approach, the research utilizes legal analysis, interviews, and archival research to understand the factors enabling successful transitions from authoritarianism to democracies. It contributes to broader scholarly discussions on competitive authoritarianism or electoral authoritarianism, comparative constitutionalism, the dynamics of elections in semi-authoritarian contexts, democratization and African politics.
An Economic Analysis of Indonesian Anti-Corruption Policies: Can the Government’s Allocation of Resources and Collection of Monetary Sanctions be More Efficient?
(2024-10-16) Ramadhan, Choky Risda; Bosch, Anna B.
International Development Organizations (IDOs) have promoted a global anti-corruption agenda, leading countries like Indonesia to create new agencies and adopt anti-corruption measures. However, these IDOs have often overlooked the enduring financial commitments of such policies and institutions, as well as how to ensure their sustainability amidst other pressing governmental priorities in developing nations. In Indonesia, the anti-corruption efforts suffered frequent setbacks during the Joko Widodo (Jokowi) administration (2014-2024) and faced persistent inadequate resources problems. This dissertation is a systematic inquiry of the efficiency of legal policy implementation, using the Indonesian anti-corruption policies as a case study. First, this dissertation identifies a perceived lack of political commitment during the Joko Widodo administration by focusing on the adequacy of budget allocations for implementing anti-corruption measures. Then, this dissertation applies a benefit-cost analysis (BCA) by gathering financial reports from 14 agencies tasked with anti-corruption efforts from 2014-2021 and conducting a contingent valuation survey of 2,114 Indonesian adults from every province (34 provinces) in Indonesia. Based on the BCA results, implementing the Indonesian anti-corruption policies was efficient, resulting in great net social benefit from the social benefit-cost analysis; thus, the Indonesian government needs to sustain the policies. However, from the fiscal perspective, the Indonesian government collected low monetary sanctions compared to the cost to enforce and prevent corruption. The cost to implement anti-corruption enforcement and prevention strategies was 18 times higher than the revenues collected from the monetary sanctions. Therefore, enforcing and preventing the crime of corruption had substantially adverse fiscal effects, as the government spent 18 times more than what enforcement yielded from defendants convicted of crimes of corruption. Second, this dissertation provides a more nuanced, comprehensive, and meaningful explanation of the practice and factors that contributed to the suboptimal collection of monetary sanctions, i.e., fines, restitutions, and asset forfeiture, to finance the implementation of Indonesian anti-corruption policies. Interview data from 33 criminal justice actors from various ranks and triangulation from documents revealed that three factors contributed to the low collection of monetary sanctions: (1) imprisonment preference among judges, prosecutors, and the public; (2) unpaid fines and restitution from defendants convicted of crimes of corruption who rationally choose additional imprisonment, and low socio-economic background; and (3) the lack of institutional resources and administrative/legal hurdles hindering the prosecutors’ efforts to collect more government revenue from asset forfeiture. All these factors are related to the economic rationality of individuals and institutions involved in the enforcement of crimes of corruption to act in their best interest. Although benefit-cost analysis (BCA) is rarely employed to evaluate legal policies, its application here, alongside qualitative interviews, has provided valuable insights for Indonesian policymakers and anti-corruption practitioners in the law and development arena. Specifically, this study addresses an empirical and methodological gap by combining economic assessments with insights from criminal justice actors, offering a clearer understanding of the "lack of resources" argument in implementing Indonesia's anti-corruption policies. These resourcing challenges suggest a lack of sustained political will to maintain the Indonesian government’s anti-corruption efforts, which were initially supported by the multilateral push, and insufficiency of revenue from the collection of monetary sanctions due to legal loopholes and misaligned incentives. These insights provide further support for moderate or “good enough governance” reforms that are not too big, much, and fast, by considering to the recipient country’s political will, capacity, and resources. Moreover, the government can be more efficient in allocating resources and optimal in collecting monetary sanctions by paying more attention to the incentive and resource
Hidden in Plain Sight, An Empirical Study of Sexual Violence in Armed Conflict from a Boko Haram Perspective
(2024-10-16) Ike, Chianaraekpere Chiemeka; Raigrodski, Dana
Abstract This dissertation explores the widespread occurrence of sexual violence during armed conflict (SVAC), focusing on the Boko Haram insurgency in Nigeria. It examines the Nigerian and international legal frameworks related to armed conflict, particularly those aimed at safeguarding vulnerable groups such as women and children. The research explores the development and application of International Humanitarian Law (IHL) to protecting civilians during armed conflict and identifies the shortcomings within Nigeria’s judicial system in addressing sexual violence amidst the Boko Haram crisis. It highlights the necessity of understanding the societal and power structures perpetuating such violence both within armed groups and in society. Existing theories advanced to explain conflict-related sexual violence have been criticized for not adequately explaining variations observed in the incidences of sexual violence in armed conflict and for over-predicting such violence. The Patriarchal Militarized Masculinity concept, developed in this dissertation as a theoretical framework to analyze sexual violence in the Boko Haram armed conflict, aims to intersect two seemingly parallel and conflicting theories. This concept seeks to explain sexual violence in armed conflict by utilizing the arguments of militarized masculinity and patriarchal masculism in a way that maximizes their strengths, minimizes their weaknesses, and creates a comprehensive explanatory framework for sexual violence in armed conflict. By adapting the Patriarchal Militarized Masculinity framework to the Boko Haram conflict, this dissertation argues that the continued operation of a combination of these factors leads to the proliferation of sexual violence. In so doing, the study expands existing explanations of sexual violence in armed conflicts and introduces additional theoretical frameworks based on feminist critiques of power and Islamic feminism.The research addresses the question: What are the factors responsible for the continued perpetration of sexual violence in the Boko Haram armed conflict? The findings argue that a combination of factors leads to the proliferation of sexual violence: the masculinized military socialization of Boko Haram combatants and a pre, during, and post war community culture steeped in male-dominated, androcentric religio-cultural ideologies and power structures. These structures institutionalize discrimination against women and are operationalized through normative institutions like marriage. The data shows that the issue is not entirely due to the failure of the current legal landscape in deterrence and enforcement, as has been the focus of the international community’s efforts. Instead, Boko Haram combatants were indoctrinated not to view their acts as illegal because the acts of sexual violence were framed within the context of marriage, rendering force and coercion irrelevant to them. The overarching purpose of this study was to fill a gap in the knowledge base by contributing interdisciplinary empirical research that focuses on understanding sexual violence in armed conflicts in an in-depth investigation of the Boko Haram armed conflict, through the eyes and perceptions of those accused of perpetrating this crime against humanity. Qualitative methodological approaches and mixed methods were utilized to collect, analyze, and report the data. This included doctrinal research, a literature review, and analysis of existing legal frameworks (domestic and international), supported by empirical data collected from primary and secondary sources. Semi-structured interviews were conducted in Gombe, FCT, Kwara, Kaduna, and Borno states in Nigeria, including the Mallam Sidi camp for rehabilitated Boko Haram ex-combatants and a displaced persons' camp in Maiduguri, alongside focus group discussions in Ilorin, Abuja, and Gombe. Data collection involved audio recordings, field notes, secondary document reviews, and reflective journaling. The study reveals deeply rooted power structures that foster a culture of violence and insecurity, highlighting the critical need to understand the specific dynamics of sexual violence within this conflict. The dissertation suggests that significant challenges exist in applying IHL to prevent sexual violence during armed conflict, particularly in areas influenced by patriarchal institutions and religious ideologies. It stresses the need for continuous development of IHL to adapt to the changing nature of modern conflicts. The socio, political and legal implications discussed, and recommendations proffered, should provide empirical data-supported tools for policymakers to assist in the effort to prevent sexual violence and stem this scourge. Therefore, this research is potentially an invaluable tool for law and policy makers in working towards achieving this goal.
Privacy’s Algorithmic Turn: An Intellectual History
(2024-09-09) Angel Arango, Maria Paula; Calo, Ryan
Between 1990 and 2020, the concept of information privacy in American privacy law scholarship experienced an “algorithmic turn,” gradually expanding to encompass a new set of privacy harms, as well as a different kit of legal tools. This dissertation traces, in detail, the intellectual history of this sociotechnical phenomenon. Taking the scholarly work produced around the Privacy Law Scholars Conference (PLSC) as well as earlier scholarship that preceded and inspired it as my primary object of study, I conducted document analysis of 574 law review articles written between 1990 and 2020, as well as fifteen oral history interviews with a purposely drawn representative sample of privacy law scholars. In my analysis, I take a Ground Theory approach and draw from the methodological framework of Intellectual History, following the discursive contextual approach proposed by intellectual historian David A. Hollinger. In this dissertation I tell a history of how, over the past thirty years, the community of privacy scholars that has developed around PLSC transitioned from focusing primarily on autonomy-based harms to raising a vast array of harms that share the following three characteristics: being objective, originating from the actual processing phase of the data cycle, and having architectural effects. In this process, scholars shifted twice from states of regulatory innovation and flux to those of relative convergence regarding the preferred tools to protect information privacy. Thus, while between 2000 and 2007 scholars almost unanimously supported the legal implementation of the Fair Information Practices (“FIPs”) principles in order to empower individuals, by the end of the 2010s several of them seemed to be coalescing around a hands-on set of substantive requirements, duties, and prohibitions intended to take power away from corporations. In addition, building on Science & Technology Studies (STS) literature on “imaginaries” as well as on interdisciplinary scholarship where this concept has been applied to legal endeavors, I propose the theoretical concept of “techno-legal imaginaries” and apply it to the case of the American privacy law scholars here examined. I suggest that the transformation of the scholars’ techno-legal imaginaries over the period of time covered by this study can provide us with some insight into the evolution of the tools proposed by scholars to protect information privacy. Back in the late 1990s and early 2000s, many American privacy law scholars aimed for Information Privacy law to contribute to a pluralist, free, and democratic society that promoted liberty, autonomy, and self-determination. Within that normative framework, procedural standards that gave individuals control over their personal information, such as the FIPs, stood out as appropriate. Over the years, however, scholars’ techno-legal imaginaries have radically changed. Several scholars now expect Information Privacy law to promote a socially just society that besides protecting individuals’ autonomy, defends the vulnerable and marginalized, protects individuals from data extraction and its consequent power imbalances, and holds corporations accountable. The most recent batch of hands-on tools makes sense within these normative commitments. This research builds upon the Legal Construction of Technology method, to present privacy’s algorithmic turn as a complex sociotechnical phenomenon, placing it within a broader context where technological, social, legal, and—as I hope to demonstrate here—cognitive elements interact and become entangled.
Bridging Approaches for Effective Dispute Resolution: A Comparative Analysis of BRI and ICSID in Central Asia
(2023-09-27) Shaldybayeva, Ayagoz; Zang, Dongsheng
This research paper presents a comparative analysis of dispute resolution mechanisms within the context of the Belt and Road Initiative (BRI) and the International Centre for Settlement of Investment Disputes (ICSID) in Central Asia. Through extensive literature review, interviews with regional experts, and examination of relevant case studies, this study investigates the strengths, weaknesses, and challenges associated with these mechanisms.The BRI, as one of the most ambitious initiatives of the 21st century, holds tremendous potential for economic and geopolitical development. However, with such potential benefits also come risks, necessitating the implementation of robust dispute resolution mechanisms. This research explores the range of available dispute resolution options under the BRI, including negotiation, mediation, arbitration, and litigation, and assesses their efficacy in facilitating timely and effective resolution. The findings of this study reveal several challenges in the implementation of these mechanisms, including inconsistent application, absence of clear rules and procedures, and difficulties in enforcing arbitral awards. By examining case studies and expert opinions, this research highlights the complexities of disputes in the BRI context, encompassing legal, cultural, and compliance-related issues. As a result, there is a clear need for more effective and tailored dispute resolution mechanisms capable of addressing these challenges and providing enforceable resolutions within a reasonable timeframe. Based on the study's findings, recommendations are proposed to enhance the effectiveness of dispute resolution mechanisms under the BRI. These recommendations include improving transparency, predictability, and enforceability of the dispute resolution process. Additionally, the research emphasizes the significance of engaging Central Asian legal experts and incorporating their perspectives, which were mainly ignored in previous studies. Overall, this research contributes to the existing literature on the BRI and its implications for international investment by offering valuable insights into the specific challenges and dynamics of dispute resolution in Central Asia. By adopting the recommendations outlined in this study, stakeholders involved in BRI-related projects can establish a more robust and efficient dispute resolution framework, fostering the success and sustainability of the initiative.
The Concept of Kafalat Al-Yateem and its Application on Children with Unknown Parents in Saudi Arabia
(2023-08-14) Bima, Jomana; Kelly, Lisa A.
Kafalat alyateem is a significant Islamic law concept that emphasizes caring for orphans by providing them with financial and educational support. This study investigates the concept of Kafalah in Sharīʿah law and its practical application to orphans with unknown parents, focusing on home-based kafalah in Saudi Arabia. Although contemporary Saudi families have been reluctant to take in orphaned children with unknown parents, home-based kafalah is a more common practice among Saudi families than initially expected.The study uses a mixed-methods approach: legal doctrinal analysis, and qualitative grounded theory methodologies, to understand the challenges of implementing home-based kafalah for children with unknown parents in Saudi Arabia. The legal doctrinal analysis examines the legal frameworks governing kafalah in Saudi Arabia. At the same time, the qualitative component uses grounded theory and intensive interviewing to investigate Saudi families' attitudes toward home-based kafalah. The goal is to provide a comprehensive understanding of the challenges in implementing home-based kafalah for this specific group of children in Saudi Arabia. The study found that home kafalah is predominantly female-driven, and the foster mother assumes full responsibility for the child's care. However, legal constraints, social prejudices, and racial biases are significant factors that impact the practice of home-based kafalah in Saudi Arabia. The study results highlight that the primary legal constraint of home-based kafalah for orphans of unknown parentage is the Mahramiyah limitations, which affect the dynamic of the relationship between the foster family and the orphan when it reaches the age of puberty. Another legal impediment to home-based Kafalah for orphans with unknown parentage is the condition of breastfeeding the orphan by the foster family (Redhaa'). Social stigmas attached to orphans of unknown parentage also represent a significant challenge, leading to cases of rejection by extended family and society. The study findings shed light on the complex and interrelated legal, social, and cultural factors that impact the practice of home-based kafalah for children of unknown parents in Saudi Arabia.
The Relationship Between Business-Facilitating Legal Institutions and Foreign Direct Investment in The Arab Gulf States
(2023-01-21) Bafarat, Njood; Schoenbaum, Thomas
The Gulf Cooperation Council (GCC) countries have relied on oil as their main source of income since its discovery in the region. However, these countries have now entered a new era, one in which they must reduce their dependence on oil and diversify their economies. One strategy that features in the diversification plans and visions of all GCC countries is attracting foreign direct investment (FDI). In order to successfully attract FDI, a state must identify location advantages for multinational enterprises (MNEs). It is also important to investigate the determinants of FDI. The primary question that this study attempts to answer is whether business-facilitating legal institutions play a role in attracting FDI inflows to the GCC countries. I argue that the laws and regulations that facilitate business in the GCC states contribute to the amount of FDI inflows that these states receive. The dissertation also describes the international and domestic legal framework that governs FDI in the GCC countries and compares previous and current laws and regulations on FDI in those states. As far as the research methodology is concerned, I utilize both quantitative and qualitative techniques. For the quantitative analysis, I employ a time-series cross-sectional analysis to examine the dynamic relationship between changes in the explanatory variables and FDI inflows over the observation period. In the qualitative analysis, I draw on international investment agreements, laws, and regulations in order to compare and evaluate international and local FDI frameworks in the GCC countries.
Unfinished Business: Lessons from the Deadlock of the Environmental Goods Agreement
(2023-01-21) Wang, Yiwen; Winn, Jane
The Environmental Goods Agreement (EGA) negotiations started in 2014 but deadlocked in 2016. The EGA was intended to promote sustainable development and revitalize the World Trade Organization (WTO) system. This dissertation finds that two important international documents inspired the EGA: the Information Technology Agreement and its expansion (ITA and ITA-II) and the 2012 Asia-Pacific Economic Cooperation List of Environmental Goods (APEC EGs List). However, the EGA negotiation became deadlocked, notwithstanding these two successful precedents. This dissertation will consider why there was so much optimism regarding the EGA before the negotiations deadlocked and whether the deadlock of the EGA negotiations has any significance for the future of the WTO, more generally. The modalities (multilateral vs. plurilateral, project-based vs. list-based structure, hard vs. soft law, etc.) chosen for the EGA negotiations appear appropriate in light of the goals of the EGA project, so the possibility of inappropriate modality choice alone does not explain the deadlock. The critical mass agreement is considered a future template for WTO negotiations. More general political and economic factors may also provide help to provide an explanation. Advanced economies appeared to be more interested in selling EGs to emerging economies than emerging economies are interested in buying them, so the EGA may not offer a win-win to both advanced and emerging economies. The growing tensions between China and U.S. that erupted into a trade war in 2018 also played a role. The EGA negotiations deadlock provides a framework through which the challenges facing the larger WTO system generally can be viewed.
Cooperation and Non-Cooperation in Indonesian Criminal Case Processing: Ego Sektoral in Action
(2022-09-23) Pangaribuan, Aristo Marisi Adiputra; Bosch, Anna ABB
In recent years, Indonesian reformers have called for greater cooperation among criminal justice actors when processing a case. Indonesia has a specific term to label the failure of criminal justice actors to cooperate, which is “ego sektoral,” literally translated as sectoral or institutional ego. Although legal commentators have frequently and ubiquitously used this term, there has been little attempt to deconstruct and examine its meaning. Because of this, investigating the factors that lead to cooperative and uncooperative behavior among actors (police, prosecutor, judges, and defense lawyers) is a crucial aspect of research. This dissertation asks one fundamental question: What factors impede and induce cooperation among actors in Indonesian criminal case processing? In answering these questions, this dissertation derived its findings from interviews with 36 criminal justice actors from various ranks and the systematic analysis of relevant laws and internal regulations. Interview data have been collected, analyzed, and triangulated using a qualitative grounded theory approach. The interviews captured the interplay between the formal and informal workgroup rules that shape the actors’ incentive systems. After identifying the impeding and inducing factors, this dissertation examines and contrasts the two to understand the actual practices found in the system. This dissertation divides its findings based on two main case processing levels: the pre-trial level relationship between the police and the prosecutor and the trial-level relationship between the judges and the prosecutors. At the pre-trial level, this dissertation suggests that the impeding factors come from the association between power competition, conflict, and distrust. As a result, it produces ego sektoral behavior that significantly affects the ability of the police and the prosecutor to work together. Meanwhile, this dissertation further indicates that the inducing factors designed to incentivize cooperation fail to negate the impeding factors. This problem can be categorized as a structural problem because it eliminates interdependencies between the two actors. That structural problem also impacts the cooperation between judges and the prosecutor at the trial level. Because of such a problem, the Indonesian prosecutor cannot play their ideal role as prescribed by the formal rules. Consequently, this creates extra work pressure for the judges. However, this research indicates that the inducing factors are stronger than the impeding ones because of a shared need for efficiency in case processing.Furthermore, defense lawyers can be categorized as creating both impeding and inducing factors depending on their litigation strategy and type of appointment. This research reveals that most Indonesian defense lawyers tend to cooperate with their counterparts because the system forces them to play a submissive role. There are several important benefits of this research. The first is that it accurately maps the system of criminal case processing as it exists on the ground in Indonesia. Second, it detects problems and potentials associated with actors’ cooperative and uncooperative behavior. Third, this dissertation goes beyond providing a detailed and rich description of the system by offering an in-depth insight into ego sektoral behavior and failed criminal justice reform by using its findings as an analytical tool. Finally, this research expands the growing literature that treats the criminal justice system as organizational activity.
Governing Information Privacy: Understanding How the Federal Trade Commission Regulates Privacy
(2022-04-19) QING, QICHEN; Winn, Jane K
The rapid growth of digital transformation calls for a rethinking of how to regulate privacy-related issues, which challenges the wisdom of policymakers around the world. Relying on textual analysis of existing legislation, regulations, judicial opinions, and agency decisions, this dissertation examines the “Enforcement-as-Regulation” (EAR) model, the regulatory approach that the Federal Trade Commission has adopted in regulating information privacy. Drawing on the history of the administrative state in general, and that of the FTC in particular, this dissertation finds that the FTC has invented the EAR model as a workaround to overcome the limits on its rulemaking power. These limits, mostly imposed by Congress in response to the FTC’s aggressive efforts to regulate industry in 1960s and 70s, require the Commission to comply with additional procedural obligations when prescribing rules, making it nearly impossible to issue any privacy rules. Then this dissertation argues that the EAR model is a proper exercise of the FTC’s authority within the existing legal framework. Not only does the FTC have the discretion to utilize a case-by-case approach for announcing its policies, but also when doing so, the Commission has satisfied the constitutional standards of due process. Finally, this dissertation concludes that the FTC’s EAR model is compatible with the emerging framework of information governance. Through the lens of information governance, if private companies have incentives to maintain the level of privacy, then regulators can develop innovative strategies to encourage self-organization of companies in protecting consumer privacy. Such a framework could inform future research on administrative law and information privacy law.
Public Perception in the Legislative Process: A Case Study of Washington State Sex Offender Laws & Related Research
(2022-01-26) Perkins, Haily Elizabeth; Townsend, Michael E
Current sex offender legislation focuses on preventing subsequent sex offenses—providing a tool for law enforcement and the public to monitor convicted sex offenders. This scheme fails to account for the original victim and the potential for future known or related victims. Furthermore, it is inconsistent with empirical research regarding the recidivism of convicted sex offenders. This research has three specific goals—(1) analyze the descriptive details available for Washington state registered sex offenders (RSO; n=19,532), (2) assess the accuracy of public perception for Washington state residents regarding sex offender characteristics and legislation, and (3) assess the role or influence of public perception within the legislative drafting and enactment process. Question 1 utilizes the Washington State Sex Offender Registry (n=19,532). The analysis revealed that almost 40% of RSOs in Washington are Male, White, and between 36–59 years of age. Further, supplemental data regarding victim relation for RSOs (n=3,273) revealed that 90% perpetrated against a juvenile and 35% against a juvenile family member. Question 2 utilizes previously collected public perception data for Washington State residents (Fisher and Pedneault, 2017). Compared with the descriptive analysis from Question 1, public perception of Washington state residents was incorrect concerning the offender's age and risk for recidivism. Question 3 utilizes semi-structured interviews of Washington state legislators, and the resulting analysis utilizes the Grounded Theory of qualitative analysis in Atlas.ti. The interview respondents discussed their legislative function, providing different legislative experiences as anecdotal evidence. There are multiple entry points for public perception into the legislative process—the main two being direct constituent contact and legislative standing committee hearings. The complexity of public perception within the drafting and enactment process is exacerbated when legislating public safety issues due to the need to overcome fear and misperception.
A LONGITUDINAL STUDY OF SPECIAL PURPOSE LOCAL OPTION SALES TAXES AND SOCIAL INDICATORS OF CRIME ACROSS WASHINGTON COUNTIES
(2021-03-19) Ambrosio, Fabio; Weeks McCormack, Shannon
The 19th century witnessed an unprecedented urbanization trend that increased the density and synergy of communal networks, social behaviors, and interjurisdictional legislative policies, thereby deeply reshaping social science research. Crime, once thought to stem purely from an individual’s malevolent disposition, was rediscovered as an articulation of social disfunction. Criminological research has repetitively linked social disfunction in America with the competitive nature of urbanization, where the obsessive pursuit of success meets an environment with a finite amount of resources. Competition is also at the heart of modern tax policy, especially insofar as local governments are concerned. A modern American phenomenon termed ‘devolution’ causes federal and state governments to mandate that counties and cities provide a standard package of social services with little or no financial support, thus forcing horizontally equivalent local jurisdictions to compete against each other for tax revenue. Washington counties have not escaped the national pressure to compete. As a state that relies heavily on sales taxes, tax competition in Washington has become fierce, particularly at the local government level in the form of Local Option Sales Taxes (LOST) and Special Purpose Local Option Sales Taxes (SPLOST). Applying lessons from criminological and tax research, the study examines a 29-year history of social variables to understand how urbanization has shaped the socioeconomic structure of Washington counties and whether competition for tax revenue advances the legislative intent of two Washington SPLOSTs, one earmarked for criminal justice and the other for juvenile detention facilities. The study finds that a county’s propensity to impose either SPLOST is not significantly correlated with any observed measure of crime or social predictor of crime. Under the demagogic guise of criminal justice, tax policy seems informed solely by pecuniary factors: population, income, and economic activity. Results from statistical analyses based on 29 years of social trends in Washington counties indicate that millions of dollars spent annually to augment police staffing, judicial bandwidth, and jail space were not effective at preventing crime. The study results further suggest that these funds could have been much more effective at preventing crime if used to ensure that every Washington child (a) eats, (b) learns English in order to have wider access to educational and employment opportunities, and (c) graduates from college.
Achieving Sustainable Marine Fisheries: A Legal Analysis of the Settlement of Fishing Disputes
(2020-10-26) Chang, Wen-Ning; Schoenbaum, Thomas J.
UNCLOS steers the legal order of the oceans toward sustainable use of marine resources and simultaneously promotes the peaceful use of the seas. The Convention’s two primary goals are enumerated in its preamble, and the dispute settlement procedures established in UNCLOS Part XV are the principle method to accomplish those goals and stabilize the legal order. Since UNCLOS came into force in 1994, the majority of adjudicated cases arising under the law have been related to fishing and fish-related activities. However, these judicial decisions rarely resolve substantive issues regarding fisheries disputes and, instead, merely deal with procedural matters. Accordingly, whether courts or tribunals will incorporate marine sustainability in resolving fishing disputes under the UNCLOS framework remains unclear. In addition to the lack of analysis by tribunals, scholars have paid little attention to the function of dispute settlement mechanisms in resolving fishing disputes. This research therefore analyzes nineteen existing fisheries cases that have been adjudicated under the UNCLOS framework and examines the role of international adjudications in promoting marine sustainability. This dissertation proposes suggestions on how the UNCLOS dispute settlement system should respond to global fisheries challenges and develop progressive jurisprudence. A robust and comprehensive framework for the settlement of fishing disputes is necessary to incorporate sustainability in such jurisprudence. To be effective, such a framework must include all fishing actors. This research found that Taiwan, which joins the international fisheries law regime under a uniquely coined term, “fishing entity,” is often missing in the dispute settlement system. Excluding Taiwan from accessing judicial mechanisms creates foundational challenges for dispute resolution and the broader legal order. Therefore, with the goal of achieving marine sustainability, this study investigates the role of fishing entities in the systems of dispute settlement mechanisms. This dissertation argues that fishing entities—i.e., Taiwan—should have legal access to dispute settlement mechanisms and such incorporation into the UNCLOS dispute settlement system is indispensable to a sustainable legal order of the oceans.
Transnational Crime, Mutual Legal Assistance, and Compliance with International Obligations in the Developing World: Reforming and Enforcing Legal Mechanisms to Effectively Combat Transnational Crime in Afghanistan
(2020-10-26) Hazim, Abdul Mahir; Eddy, Jonathan A
Technological developments have enabled very rapid advances in communication and transportation in recent decades, creating globalized commerce. The effect of these advances is not limited to legitimate commerce: criminal activity, especially by networks of organized crime, has also benefited. Traditional international law principles pose a major challenge when nation-states attempt to investigate, prosecute and punish criminal activity that extends beyond the borders of the state seeking enforcement. The problem of transnational crime particularly impacts weaker and poorer states such as Afghanistan in two respects: the economy of such states is often particularly vulnerable, and at the same time such states often have weak administrative, prosecutorial and judicial capacity when they seek to address the problem. The UN and other international organizations have undertaken ever-increasing initiatives to organize a response to transnational crime, including multilateral UN treaties with wide adoption. Afghanistan has undertaken to participate in and abide by a number of the efforts and treaties. This dissertation briefly traces the background to, and effects of, transnational crime, and then details significant elements of the international response, focusing in particular on UN treaties to which Afghanistan is party. It then analyses the extent to which Afghanistan has complied with its assumed international mutual legal assistance obligations: this poses issues both of incorporation into domestic law and harmonization with other aspects of the Afghan legal system. After assessing these issues from a formal standpoint, it then summarizes the results of empirical research addressing the question of whether in fact these obligations are known and observed in Afghanistan. Finally, manifold shortcomings of the present situation are identified, and recommendations and proposals are set forth intended to improve the efficacy of Afghan legal enforcement in the area of mutual legal assistance, and to bring it into better compliance with both widely-adopted legal norms and Afghanistan’s international law obligations.
The Transnational Legal Process of Global Health Jurisprudence: HIV and the Law in Indonesia
(2020-04-30) Okta, Siradj; Walsh, Walter J.
As one of the most pressing global health priorities, HIV disruption requires effective transnational work. There is growing confidence among experts about ending AIDS by 2030. In Indonesia, a country with one of Asia’s fastest-growing HIV epidemics, the law is instrumental to achieve that goal. Nonetheless, national laws and policies that undermine HIV prevention are continuously being adopted or preserved. This suggests that the presence of global health jurisprudence does not necessarily lead to national legal processes to enable HIV prevention policies. This situation raises the central question of whether the perpetuation of national legal barriers to HIV prevention is associated with Indonesia’s internalization of global health jurisprudence. This study uses Professor Harold Koh’s transnational legal process theory to examine the transfer of global health jurisprudence by looking at Indonesia’s interaction at the global level, interpretation of norms, and domestic internalization thereof. As a multi-method study with an inductive reasoning approach, this research utilizes a qualitative data analysis of international organizations’ laws and policies, public/private institutions’ policies, international treaties, Indonesian laws, and relevant public records. The study explores both the spatial and temporal development of global health jurisprudence throughout the HIV epidemic in Indonesia. At the national level, the study examines the laws and policies that are significant to HIV prevention and discusses the legal processes by taking the identified norms on global HIV prevention into account. After decades of Indonesia’s participation in the global HIV response, this dissertation discusses a legal barrier that is prevalent across twenty-three out of thirty-four provinces in the country: HIV criminalization. Knowing that HIV criminalization is a legal impediment to a mainstream HIV reduction and eradication program, this dissertation concludes that the country’s internalization is rather deficient.

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