Articles

An Entity Sui Generis in the WTO: Taiwan's WTO Membership and Its Trade Law Regime

As one of the founding members of the General Agreement on Tariffs and Trade (GATT), Taiwan (the Republic of China or ROC) - the 17th largest economy, was granted accession to the World Trade Organization (WTO) in November 2001 after its observer status of eleven years. Taiwan, classified by most commentators as an "unrecognized state" or an "entity sui generis", has been excluded from most of the major international organizations. Taiwan's accession to the WTO, therefore, is considere...

Australian 'Bikie' Laws in the Absence of an Express Bill of Rights

Two Australian States have recently introduced legislation allowing a member of the Executive to declare an organisation, if it believes its activities pose a danger to the public. The effect of this declaration is that a court must make a control order against members of the organisation, which has the effect that one member of the organisation cannot associate with other members. Jail terms are provided for breach of such orders. An association need not be notified that the Executive...

Circumventing the Privity Rule in Malaysia

This article briefly introduces the privity rule and its application in Malaysia which has created difficulties in relation to contracts made for the benefit of third parties. This article then investigates how Malaysian courts circumvent the privity rule to ensure that justice prevails. The mechanisms examined include among others agency, trust, tort and estoppel. This article argues that the application of these mechanisms rule are not adequate to resolve the difficulties caused by the priv...

E-Commerce and Mobile Commerce in South Africa: Regulatory Challenges

E-commerce refers to all forms of commercial transactions that involve individuals and organizations based on the electronic processing of data. Mobile commerce (M-commerce) is the buying and selling of goods and services using mobile telephones or personal digital assistants (PDA). M-commerce is emerging in Africa and South Africa especially as either a complement or an alternative to e-commerce as originally conceived, though there are arguments that mobile telephone technology "m-commerce"...

Getting to Conscionable: Negotiating Virtual Worlds' End User License Agreements without Getting Externally Regulated

Introduction. 1. Virtual Worlds and the Sources of Virtual-World Regulation. 2. EULAs Fail to Provide Regulation to Both the Developer and User, Requiring External Regulation. 2.1 EULAs and the Unconscionability Doctrine. 2.2 Participants' Recourse under EULAs. 2.3 Developer's Intent with EULAs. 2.4 Spy vs. Spy Online-Virtual-World Participants' Attempts to Outwit Developers' EULA and Programmatic Constraints. 3. Current External Regulatory Attempts Fail to Properly Regulate, Requiring EULAs....

Graphical Password: Usable Graphical Password Prototype

Recently, graphical passwords have become a viable alternative to the conventional passwords due to their security and usability features. However, there are very limited researches in classifying, analyzing and development of the graphical password techniques. In this paper, we will propose a new usable graphical password prototype of the recognition base graphical password. In this design we will focus on the usability features of the system to give new usable graphical password system. Gra...

Revisiting the Historical 'Copy-wrongs' of 'Copy-rights'! Are we resurrecting the Licensing Era?

This article examines the historical underpinnings of copyright from the century's old Pre Gutenberg times when print did not exist and traces a timeline as to how the bricks of the first copyright legislation in the world - The Statute of Anne, 1710 were legislated into existence. One would discover that the very origin of copyright law at the time when it was not codified was diametrically contrary to the present understanding of the codified copyright law, which originally protected the pu...