Legal Analysis

Traffic Acts: Core Elements

 Ref: WSL /_____/_____/2012                                                          Date:   05/01/2012    Traffic Acts: Core Elements Legal Memorandum Prepared by the   Watershed Legal Services Confidential Traffic Acts: Core Elements Executive Summary The purpose of this memorandum is to provide an overview of the core elements of traffic acts.  States have many ways to keep their roads safe. States register motor vehicles [...]

On Harmonizing Somaliland’s Three Legal Systems: Necessary or a Red Herring?

Self portrait by onesecbeforethedub @ Flickr

“We need to harmonize the three legal systems. You know, we have here in Somaliland the traditional system, the shariah system, and the courts. Each of which does their own thing and this is a problem for us.” I was sitting at dinner with a potential client in May of 2008 when I had been in Hargeisa only a couple of days when I first heard this lecture. I heard a similar version of the same lecture less than a month ago. I didn’t really buy it in 2008 and I definitely didn’t buy in last month. But that is less important than the other question: why didn’t I buy it? Read more if you’re interested.

Role of Regulatory Framework in Financial Sector Development

Affaires Plus by Kelly Schykulski @ Flickr

This entry speaks to the necessity of a strong regulatory framework and highlights some of the major decision points we stress that Members of Parliament should be keeping in mind when they debate this legislation which is on the agenda for the upcoming sessions in the House of Representatives. In particular, this article layout a framework for the guiding principles in the regulation of financial institutions and some of the problems the oversight of these institutions is designed to address.

Islamic Finance: The Way Ahead for Somaliland? (Part 3: Islamic Offshore Banking)

Islamic Bank by Kojach @ Flickr

This is the third in a series of posts on Islamic Finance which we hope will prove helpful as the Somaliland Parliament begins seriously debating a new Banking Act. Continuing our series on Islamic Banking, Mr. Abdulaziz speaks about the advantages and disadvantages about opening your financial sector to external individuals and creating a market for offshore banking.

Islamic Finance: The Way Ahead for Somaliland? (Part 2: Instruments)

Islamic Bank by Kojach @ Flickr

This is the second in a series of posts on Islamic Finance which we hope will prove helpful as the Somaliland Parliament begins seriously debating a new Banking Act. Continuing our series on Islamic Banking, Mr. Abdulaziz defines the various types of Islamic finance instruments which are authorized by the Ulema councils and / or the Islamic Finance councils in most countries. To be clear, none of these instruments have been authorized in Somaliland as of now.

On Power: A Framework for Thinking About the Power of Governing Entities

In this entry, we develop a relatiively straight-forward framework for thinking about the power of a particular governing entity. By working through our four question framework it will prove much easier to determine the power of a given entity.

Islamic Finance: The Way Ahead for Somaliland? (Part 1: Introduction)

Islamic Bank by Kojach @ Flickr

This is the first in a series of posts on Islamic Finance which we hope will prove helpful as the Somaliland Parliament begins seriously debating a new Banking Act. Harmonizing the financial instruments which the Quran authorizes with the modern globalized financial world is not as difficult as some might think. The differences between the systems are present, but are not drastic. Please click through for the beginning of our discussion of Islamic Finance in the modern world.

The Philosophical and Constitutional Underpinnings of the Amendments to the Somaliland Political Parties Act

Budget 2011: Parliament reiterates its stand by European Parliament @ Flickr

Tonight Watershed Vice President for Somaliland, Hassan Farah Mohamed, was the first lawyer who had the courage to speak on Somaliland national television regarding the legal issues which underscore the recently proposed amendments to the Political Parties Act. I have not yet had a chance to find out from him the substance of his talk, but here are my thoughts regarding the amendments.

How to Think About Conflicts Within Laws: A Thought Exercise

conflict! by atomicity @ flickr

One of the most essential skills for young lawyers to learn is how to deal with conflicts within a single piece of legislation. Read more to see some of the ways of identifying one of the most prevalent conflicts lawyers throughout the world have to deal with, the “as-applied conflict”.

Why I Enjoy Our Employment Law Practice Area

Help Wanted by supertobor@Flickr

We do a ton of employment law here at Watershed. It is an area of law which I, personally, have found much more fascinating than I ever thought I would. Read more for the full list of what I like about practicing labour law.