Synthesis by-products from the Wacker oxidation of safrole in methanol using rho-benzoquinone and palladium chloride

This paper reports the identification of a number of by-products, which are produced during the Wacker oxidation of safrole to 3,4-methylenedioxyphenyl-2-propanone (MDP2P) using rho-benzoquinone and palladium chloride when methanol is utilised as the solvent. Also described is the retrieval of these compounds from illicit samples from a clandestine laboratory, which was uncovered in South Australia in September 2003.     

South Africa: TAC, COSATU and allies file complaint of excessive pricing

On 19 September 2002, the Treatment Action Campaign (TAC), the Council of South African Trade Unions (COSATU), the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union (CEPPWA), and eight individuals (health-care workers and people living with HIV/AIDS) launched a complaint with the country's Competition Commission against two major transnational pharmaceutical companies. TAC and its allies allege that GlaxoSmithKline (GSK) has engaged in excessive pricing for its antiretroviral drugs Retrovir (zidovudine or AZT), 3TC (lamivudine), and Combivir (AZT/lamivudine), and that Boeringer Ingelheim (BI) has engaged in excessive pricing of its antiretroviral drug Viramune (nevirapine).     

15 years later: Post 9/11 support for increased security and criminalizing muslims

Islamophobia appears to be growing, becoming a mainstream ideology in the United States. Despite the current spike in anti-Islamic sentiment and fear of the Islamic “other,” these ideas are not new and can be traced back to the September 11, 2001, terrorist attacks. Using survey data collected only months after the attacks (N = 422), this study uses an integrated threat framework to examine predictors of public support for increased security in the United States. The results show that perceived personal threat and support for policies that criminalize Muslims predict support for security policies that compromise civil liberties. This is especially true among older individuals, conservatives, individuals less inclined towards individual freedom, and those living in the Northeast or in the South.     

Epidemiology of suicide by hanging in Transkei, South Africa

To describe the epidemiology of suicide by hanging, in Transkei region of South Africa. This is a record review of the autopsy register from 1993 to 2003. There is an increasing trend of hangings from 5.2 per 100,000 to 16.2 in 2003. The highest was in the 20- to 29-year age group. The least number of hangings of 2.2 per 100,000 was in those over 70 years of age. Males (86.4%) outnumber females. The ratio of male to female suicide is 6.4:1. The 2 youngest suicide victims were also males aged 9 years. Peak of these hangings is in May and November and least in September. There is increasing trend of hanging especially among young adults between 20 and 29 years old.     

To Wonderland Through the Looking-glass: Conceiving a Critical Legal Argument for Contractual Justice in the South African Law of Contract †

The aim of this paper is to identify the possible substructure (looking glass/es) of a critical legal argument for contractual justice (Wonderland) in the South African law of contract. South African contract law still fails, ten years after the constitutional transformation, to reflect the constitutional ideals of freedom, equality and human dignity in an acceptable manner. I argue that this disposition places a question mark over the legitimacy of contract law and marginalizes opportunities for the social change envisaged by the Constitution. The paper explores Duncan Kennedy’s Form and Substance-argument and indicates that the reluctance to accommodate these values may be attributable to the fact that the majority of role-players position themselves on the individualism/rules side of Kennedy’s continuum – a paradigm that perceives the law of contract as a body of positivistic rules to be applied neutrally and regardless of the social or socio-economic distortions its application may generate. In an attempt to move away from this traditional approach, the privileged paradigm is criticised. A typical CLS-approach is followed which employs sociology, psychological jurisprudence and game theory to criticise the law from outside the restrictive realms of law itself. Simultaneously, I attempt to illuminate the argument for a shift (step through the looking glass) to another paradigm. I conclude that our judiciary finds itself in a position similar to that of Plato’s prisoners in the cave and will not reach the point where they apply relevant (constitutional) values directly to contractual disputes. The State is thus responsible for infusing contract law with contractual justice, by implementing legislation to this effect in order to limit the hegemonic consequences of the judiciary’s obsession with freedom of contract and utopian rules, which fail in reality to further the ideal of justice. Paper presented at the Critical Legal Conference, 4 September 2004, London, UK. This paper is dedicated to the memory of the late Judge of Appeal, Mr. Justice P.J. Olivier. The paper is based on research conducted for the thesis in partial fulfilment of the degree LLD in the Faculty of Law at the University of Pretoria under the title ‘A critical legal argument for contractual justice in the South African law of contract.’ The degree supervisor is Professor Karin van Marle in the Department of Legal History, Comparative Law and Jurisprudence. The author wishes to thank the following persons for valuable deliberations and input: Karin van Marle, Graham Bradfield and Anashri Pillay. In addition, the author wishes to acknowledge and thank the University of Cape Town for financially supporting this research. †Paper presented at the Critical Legal Conference, 4 September 2004, London, UK. This paper is dedicated to the memory of the late Judge of Appeal, Mr. Justice P.J. Olivier. The paper is based on research conducted for the thesis in partial fulfilment of the degree LLD in the Faculty of Law at the University of Pretoria under the title ‘A critical legal argument for contractual justice in the South African law of contract.’ The degree supervisor is Professor Karin van Marle in the Department of Legal History, Comparative Law and Jurisprudence. The author wishes to thank the following persons for valuable deliberations and input: Karin van Marle, Graham Bradfield and Anashri Pillay. In addition, the author wishes to acknowledge and thank the University of Cape Town for financially supporting this research. apply relevant (constitutional) values directly to contractual disputes. The State is thus responsible for infusing contract law with contractual justice, by implementing legislation to this effect in order to limit the hegemonic consequences of the judiciary’s obsession with freedom of contract and utopian rules, which fail in reality to further the ideal of justice.     

Lightning fatalities on the South African Highveld: a retrospective descriptive study for the period 1997 to 2000

A review of the Southern Africa medical literature shows a paucity of published data regarding lightning fatalities. The South African Highveld has a lightning ground flash density of 6 to 9 flashes/km/year, with a high incidence of thunderstorm days per year (some 40-70). The Highveld has a largely urban population, many of whom have low socioeconomic status and poor education, housing, and other infrastructures and hence (possibly) are at greater exposure risk. Thirty-eight victims of lightning-related death were identified from the records of the 6 large medicolegal mortuaries on the South African Highveld, serving a population of approximately 7 million, for the period 1997 to 2000. Analysis of the records revealed that 95% of all victims were black, 79% were male, and the average age was 36 years. Lightning strikes occurred from September through to April (normal summer rainfall period), and the most strikes took place in the late afternoon (3:00 pm to 6:00 pm). All except 1 case occurred outdoors. In the autopsy reports, mention was made of singeing of hair in 68% of cases, and mention of damage to clothing was made in 26% of cases. Cutaneous thermal injuries were noted in 34 of the 38 cases, with apparent electrothermal injuries of the feet noted in 4 cases. Fifty-two percent of victims sustained some form of associated blunt-force injury (including abrasions, contusions, etc). Specific keraunopathologic injuries were described in only 2 of the cases. Twenty-one cases had some form of internal organ injury. This study serves to illustrate the relatively high incidence of lightning strikes in the region and calls for a more systematic and detailed investigative protocol in lightning-related deaths.     

Toxicology and characteristics of deaths involving zolpidem in new South wales, australia 2001-2010*

Abstract: All cases presenting to the New South Wales Department of Forensic Medicine between January 1, 2001 and September 31, 2010 in which zolpidem was detected, were retrieved. A total of 91 cases were identified. The mean age was 49.4 years, 65.9% were male, and 61.5% were suicides. Zolpidem was a factor contributing to death in 35 (37.3%) cases, of which 31 (34.1%) involved zolpidem toxicity. The median blood zolpidem concentration was 0.20 mg/L (range 0.05–3.50 mg/L), with no significant gender difference. Drug toxicity cases involving zolpidem had significantly higher median blood zolpidem concentrations than other cases (0.50 vs. 0.10 mg/L). In 83.5% of cases, psychoactive substances other than zolpidem were detected, most commonly antidepressants (46.2%), benzodiazepines (35.2%), opioids (26.4%), and alcohol (39.6%). In summary, zolpidem was a factor contributing to death in a large proportion of cases, predominately involving drug toxicity and suicide.     

Law in South Africa and the Legitimacy Crisis

South Africa is presently confronting the possibility of a fundamental change in its political structure. In this context it is useful to consider the special character of the South African legal system and its role in the on-going legitimacy crisis in that country. This article attempts to delineate some of the principal dimensions of law and the types of legitimation issues in South Africa. It suggests that students of law and criminal justice have much to learn from the study of the South African case.     

South Africa's Implementation of the ICC Statute: An African Example

In this article, the author analyses the most important provisionsof South Africa's Implementation of the Rome Statute of theInternational Criminal Court Act, 2002. In particular, attentionis given to the complex complementary scheme that is establishedunder the Act, including the jurisdictional bases under theAct for South African prosecution of war crimes, crimes againsthumanity and genocide; the substantive law that applies to anyprosecution of an ICC crime undertaken on South African soilpursuant to the Act; and the procedure to be followed in respectof such a prosecution. Other topics examined include the problemof immunities and amnesties in the South African context, andthe mechanisms devised by the Act to ensure South Africa's cooperationwith the ICC in respect of any investigation or prosecutionundertaken by the Court. The author concludes that the implementationAct is likely to serve as a meaningful example for other AfricanStates Parties in their efforts to domestically give effectto their obligations under the Rome Statute.     

Is the risk of North–South technology transfer failure an obstacle to a cooperative climate change agreement?

We setup a stylized model with endogenous North–South technology transfer for climate change mitigation. We theoretically identify the driving factors that enhance or hinder cooperation with socially optimal binding targets on emissions and on investment in technology transfer. We find that the risk of technology transfer failure creates an obstacle to the achievement of the cooperative agreement: under cooperation, the South will have to fulfill the emissions target at high costs if technology transfer fails. Under non-cooperation without any binding targets, the North still has an intrinsic motivation to reduce emissions in the South at low costs via technology transfer; and the South does not have the pressure to fulfill an emissions target. As a result, non-cooperation shifts part of the costs of a technology transfer failure from the poor South to the rich North and can thus be preferable for the South. Two policy implications for achieving the cooperative solution are derived: first, the South should be insured against or compensated for a technology transfer failure. Second, an agreement on technology transfer should be formulated in terms of emissions reductions or low-carbon technology capacities that are to be achieved rather than in terms of monetary payments with uncertain effects on emissions. We discuss the model results in the context of empirical facts and current developments.     

Some recent developments in the legal relationship between parent and child

This article is based on a paper read at the Oxford Round Table Sir William Blackstone Colloquium on Public School Law in Oxford in 2000. Living and working in the 18th century, Sir William Blackstone was one of the most prominent English lawyers of all time, his influence still enduring in England and in many other countries with historical links with England. Because Blackstone regarded the relationship between parent and child as very important, the author therefore traced it through three broad periods: Blackstone's own times, South Africa before 1994 and South Africa after 1994. In preparing the paper, the author realised that many changes had taken place in the legal relationship between parent and child in South Africa since 1994 and that their implications for education management need to be explored. Education law literature in South Africa is certainly still largely dominated by the law as it was before 1994; so are the management implications drawn from it. The article has four sections: first, aspects of the parent-child relationship in South African law before the new Constitutional dispensation; second, relevant developments in South African under the new Constitution(s) and finally, a conclusion.     

相互依赖理论与全球化时代的南北关系

在经济全球化条件下，南北国家之间的相互依赖，尤其是经济上的相互依赖日益加深，但两之间的相互依赖又是不对称，不平衡的，更多地表现为南方国家对北方国家单方面的依赖。这就使得南北关系不仅没 随着冷战的结束以后全球化的深入发展而有所改善，而且南北差距还进一步扩大，南北之间的等级结构进一步凸显。南北矛盾也随着南方国家的日益贫困化和边缘化而有所激化。南北关系不容乐观。     

Unsecured lending and the indigenous economy in Australia and South Africa

Consumer credit is closely regulated in both Australia and South Africa. Nevertheless, unsecured lending often results in financial hardship in low‐income communities. One aspect of this picture is the impact of the consumer debt burden on the Indigenous economy, which is disproportionately affected by poverty in both countries. Here we juxtapose the comparative regulatory regimes and then contextualize the law using an inter‐disciplinary account of each Indigenous economy. We find through this law‐in‐context comparison that neither Australia nor South Africa has fully resolved the problem of Indigenous financial hardship. This mutual failure is confirmed by the recent Kobelt decision of the High Court of Australia and the drastic measures enacted in the South African National Credit Amendment Act 2019. One positive lesson that South Africa provides is that accommodating the Indigenous economy in financial regulation can promote and empower that sector.     

South African regulation of online casinos licensed in a foreign jurisdiction

Advances in technology brought about new popular gambling activities such as online gambling (sometimes called trans-border e-gaming) in South Africa and abroad, demand new regulatory structures since the current laws on gambling do not have provisions for online gambling. This article addresses the legality of engaging in online gambling within the South African borders by casino operators who are licensed in a foreign jurisdiction, giving rise to the issue of determining the place where the act of gambling takes place between a player who is in South Africa while engaging on the Internet with a server in another country. Although this article deals with the South African perspective, realizing that South Africa is a developing country and the law relating to the Internet might be behind, a reference to the online gambling law of United States (US) is made to showcase a need for attention to regulate online gambling in both developing and developed countries.     

Judicial responses to the protected confidential communications legislation in Australia

The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offenses. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offenses and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.     

Developments in South African law on HIV/AIDS

South Africa has a powerful legal framework that offers high levels of protection to people living with HIV/AIDS, yet discrimination against people living with HIV/AIDS continues to be widespread in South African society. Court cases decided in 2003 regarding children's issues and health care testify to this ongoing discrimination, and to the potential of the South African legal system to uphold the rights of people living with HIV/AIDS.     

Dyzenhaus on Positivism and Judicial Obligation

Abstract
The author criticizes the argument in Dyzenhaus (1991) that a study of South African judicial decisions establishes the superiority of Dworkinian anti-positivism over legal positivism. Among the claims criticized are: (1) Positivism and anti-positivism each imply a specific theory of judicial duty, and the decisions of South African judges are explained by their adherence to one or the other of these theories; (2) resistance to South African government policy was morally required of judges; (3) the only theory which supports this resistance (anti-positivism) is therefore the correct one; (4) the cases establish that judges do not have discretion in hard cases; (5) Dworkin's theory does not imply that South African judges are required to apply the wicked principles embedded in their legal system; (6) positivism involves a pragmatic contradiction.     

Political structure,legislative process,and corruption: comparing Taiwan and South Korea

Taiwan and South Korea have the same constitutional system, approximate economic scale, and similar cultural backgrounds, yet they differ in degree of corruption. What political structures and legislative processes cause this outcome is the major question posed in this paper. The political structure in South Korea is a centralization-of-power model, while that in Taiwan is a separation-of-powers model. This paper proposes that Taiwan and South Korea have different types of corruption and different political structures, and the legislative process in South Korea is more compromising than that in Taiwan. These factors contribute to greater corruption in South Korea than in Taiwan. This study clarifies how particular institutional dynamics reduce or enhance the prospects for democratic governance and help to better understand how political structure and legislative process channel different types of corruption into different degrees of corruption. Studies on the relationship between constitutional structure and corruption have concluded that parliamentarism can help reduce corruption more than presidentialism. This thesis argues that a country with centralized power tends to be less corrupt than a country with separation of powers. If this argument and the rationale behind it hold true for countries with both parliamentary and presidential systems, we can expect that semi-presidential countries with a centralized system are less corrupt than those with a decentralized system, all else being equal. However, by comparing these two semi-presidential countries, we find that South Korea, with its centralized model, was more corrupt than Taiwan, with its decentralized model. This comparative case study provides a counterargument to the conventional wisdom of constitutional structure and governance.     

中菲南海争端仲裁案中菲律宾诉求评析

关于中菲南海争端强制仲裁一案,菲律宾向仲裁法庭提出的诉求可合并为针对中国南海传统断续线的诉求、针对南海中中国部分岛礁的诉求和针对中国南海行使管辖权的诉求.对此,中国在应对上可选择向仲裁法庭行使“初步反对的权利”或其他合法方式发表其没有管辖权的理由,并通过反对申请书的可接受性力争结束仲裁.