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Google Anti Trust Defense is No Defense PDF Print E-mail
Written by Viara Zaprianova - Marshall   
Thursday, 22 September 2011 00:14

Google antitrust hearings started today on Capitol Hill, one year after Texas Attorney General began an antitrust review of Google.

Last year Texas AG Abbott was looking whether Google intentionally hides search results that might promote its competitors. At the same time EU antitrust regulators started a similar investigation. The Texas case involved three companies – Foundem, SourceTool/TradeComet, and myTriggers. The main controversy was about Google's dealings with these companies.

Last Updated on Thursday, 22 September 2011 00:17
Australian and U.S. Legal and Political Views on International Criminal Justice and the Impact of the ICC PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Saturday, 03 September 2011 00:44

 International Criminal Court – “…a major landmark for the international community and for the international justice”[1]

A critical comparative study of the Australian and U.S. legal and political views on international criminal justice and the impact of the ICC

I. Rome Statute of the International Criminal Court – History and Practice

 II. U.S. Objections to the Rome Statute

 III. Australian path – “all need to participate”

 IV. Implications of the ICC for the United States as a Non-member

 V. Membership benefits for Australia and the country’s growing role in the Asian-Pacific region.




This essay will explore the establishment of the ICC, its jurisdiction, principles and its implications for the international criminal law arena. The ICC is the world’s first permanent criminal court and its creation reflects an amazing international consensus. The second part is dedicated to the major constraints and objections that the U.S. Congress encounters and expresses regarding the ICC jurisdiction. Its concerns regarding the jurisdiction over nationals of non-parties, the “politicized prosecution”[2] , the “lack of Due process guarantees,”[3] and the fear of usurpation of the role of the U.N. Security Council.


In the third part, the research paper will present the commonalities and differences between the American and Australian legal philosophy, legislative history; the impact of becoming a member on the country’s foreign policy, the engagement in international criminal investigations and prosecutions, and the country’s new role in the international community.

Last Updated on Tuesday, 22 May 2012 19:59
The Preservation of Cultural Property in the Event of Armed Conflict PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Tuesday, 04 January 2011 22:04

 I. Introduction


“… it is a moral call on mankind to protect its cultural heritage – a moral call that involves our deepest understanding of aesthetics, and our deepest commitment to an ethic that may call upon us to sacrifice wealth, health, and sometime life itself, in order to preserve art …”[1]

The Preservation of Cultural Property in the Event of Armed Conflict


Last Updated on Tuesday, 22 May 2012 19:57
A comparison of American and European Contract Law PDF Print E-mail
Written by Viara Zaprianova-Marshall   
Monday, 08 November 2010 01:51

I. Introduction

UNIDROIT and UNCITRAL are model laws, drafted with the idea to being adopted by national legislators such as the UNCITRAL Arbitration model law.

Last Updated on Saturday, 03 September 2011 01:21
Constitutional and Legal Framework of Civil-Military Relations and Democratic Control of the Security Sector. PDF Print E-mail
Written by Viara Zaprianova   
Tuesday, 02 November 2010 21:46

The Constitution, the Laws, the Division of Powers, Civil Society and Its Institutions: Fundamental Democratic tools of ‘Guarding the Guardians’

The most striking characteristic of modern statehood is a paradox: the separation of powers and the monopolization of force. Any modern democratic constitution ensures that the legislative power, as the one making laws, is clearly separated from the executive power, as the one who executes the laws. With the modern state civil society has given itself a tool of coercion that assures the populace of security from both external and internal threats while, at the same time, giving them the opportunity to live out their freedoms and determine themselves within the boundaries of legal justice.

Last Updated on Saturday, 03 September 2011 01:21

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