Directions, variation, and rectification--solutions for trustees and beneficiaries under British Virgin Islands law

This article considers the appropriate steps for trustees andbeneficiaries to take where the terms of their BVI trust areunclear, require amendment, or have unintended consequences.It is an essentially practical piece that provides a startingpoint for practitioners who find that their BVI trust (for whateverreason) requires the intervention of the Court.     

Amendment to new regulations enabling exempt private trust companies to be established in the British Virgin Islands

The Financial Services (Exemptions) (Amendment) Regulations,2007 (the ‘Amendment Regulations’) were made bythe British Virgin Islands Cabinet on 27 December 2007.¹ The Amendment Regulations amend the Financial Services (Exemptions)Regulations, 2007² by extending until 31 July 2008 the periodduring which paragraphs (c) and (d) of Direction 7 of the Banksand Trust Companies (Application Procedures) Directions, 1991(the ‘Directions’) apply. The effect     

The Cayman Islands: Paradoxes of Insularity in the Caribbean and Other British Overseas Territories

Liverpool Law Review - The Cayman Islands has a population of 63,415 (Cayman Islands Government) and an area of 264 square kilometres, making it the world’s twentieth smallest nation...     

Solomon Islands: criminal law

In India, women are entering the formal labour workforce in unprecedented numbers, yet as a proportion of the workforce, the percentage of women workers is declining [Twelfth Five Year Plan (2012–17), Planning Commission, Government of India, Volume III – Social Sectors; Table 22.8 at page 133 notes that the labour force participation rate of women workers has declined both in the rural as well as in the urban areas from 2004–05 to 2009–10]. More than ever before, India as a country of contradictions presents a challenge to women in the work force. Deep-rooted ideologies of gender bias and discrimination remain the most pervasive and persistent form of inequality in the world today. The global economic crisis, characterised by increasing de-regularisation, privatisation and outsourcing of jobs down the supply chain is leading to a transformation of employment relationships. These changes resonate in Indian workplaces as well, creating a counter movement towards the invisibilisation of workers, more particularly women, what we call in India the movement of women workers from the formal sector to the informal sector. The rapidly changing work environment also reinforces the increasing importance of job security, social protection, decent work, financial regulation and fair taxation as the key to a more just world order enhancing the participation of women in the workforce. It is in this context that we must view the emerging challenges that working women face. In the light of these developments, there is, more than ever before, a pressing need for the rights of women to be respected, protected and fulfilled, particularly in the workplace. The right to work encompasses the right to work free from sexual harassment. This article examines the key provisions of the Sexual Harassment at The Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act) and the Sexual Harassment at The Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (The Rules) [The 2013 Act came into force on 9 December 2013, vide notification issued by the Central Government (S.O. 3606(e)). On the same date, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 have also been notified]. The article scrutinises some of the weaknesses and strengths of the said law and it is from this perspective that it approaches the rights of working women, attempting to include within this rubric the widest possible range of women.     

Hastings-Bass considered in Cayman Islands court

A settlement, created in 1994 by a UK resident for UK capitalgains tax purposes, was governed by British Virgin Island law.The trustees, in 2000, made two investments through a Guernseyprotected cell company. Before the second investment, the UKtax legislation changed. The trustees were not advised of thechange and the investment went ahead; this comprised £750,000paid by an investment company also controlled by the trustees,to the trustee, of which £712,000 was then paid as a loanto one of the cells of the Guernsey company. The unheeded changeof legislation resulted in a substantial tax liability for thesettlor. The trustee applied to the court for a declaration that thetrustee's decision to accept the     

The Islands that Ate the Constitution

Liverpool Law Review - This article reviews and updates the counterintuitive status of non-state territories under the United States constitution. Taking into account the historical interpretation...     

The British Police Experience

[Editor's note] The following is the text Sir Eric St. Johnston delivered before the members of the Wichita Crime Commission at their 24th Annual dinner meeting on October 19, 1977. Sir Eric St. Johnston is formerly of the Chief of Scotland Yard and Chief Inspector of Constabulary for England and Wales. Among others, he is a Knight of the Order of the Thistle, holder of the Commander Order of the British Empire, the Queen's Police Medal and the French Legion of Honour and Croix de Guerre. In his text, Sir Eric mentions various similarities and and dissimilarities regarding the police practices of two countries. He is of the opinion that there are a great deal of advantages in a centralized police system as contrasted to the American counterpart. This statement is similar to the Editor's assertion made some ten years ago. [Re: “Police Reorganization As A Deterrent to Crime,” Police, Vol. 12, No. 14, March-April, 1978, pp. 73–79. See also Crime and Delinquency Abstracts, Vol. 16, National Clearinghouse for Mental Health Information of the U.S. Department of HEW, Public Service, 1969, p. 589] Readers will find Sir Eric's text not only timely, stimulating and provocative, but also insightful through his comparison of his long career in English police with that of the United States' police. Certainly his remarks provide police planners and policy makers with what should be most pressing needs for combating the ever-increasing crime in England, the United States, and the world as a whole. The permission to reprint was obtained from Sir Eric by the Editor personally. The Editor wishes to take this opportunity to thank Mr. Maurice W. Corcoran, Managing Director, and his colleagues Mr. Will G. Price, Jr., President; Mr. Jay W. Swanson, Chairman of the Board; Mr. J. A. Mull, Jr., Past President; and Mr. William L. Connelly, Chairman, Annual Dinner Committee; all of the Wichita Crime Commission for their efforts and cooperation.     

不同寻常的英国司法

在三种国家权力中,司法权是最不起眼的一种,其功能和作用一般说来都不如立法权和行政权那样成效显著和引人注目。但在英国,司法权却发挥了不同寻常的巨大作用,特别是在推进法治进程方面,堪称厥功甚伟。司法不但是引领英国法治文明的火车头,而且是支撑现代英国法治大厦的顶梁柱。英国司法之所以能够独树一帜,盖因其自身具有功能强大、结构优良、发展优先三大优势。     

Financial frauds and pseudo-states in the Pacific Islands

Since 1990 financial frauds have been associated with pseudo-states in thePacific Islands, particularly the Dominion of Melchizedek. The relative success of these schemes can be understood in terms of (i) the general atmosphere of overconfidence about financial dealings that prevailed during the decade to early 2000, (ii) Melchizedek's creation of opportunities for a growing mutually supportive network of fraudsters, (iii) this pseudo-state's identification with a rising global tide of secession and indigenous self-determination through its increasing involvement in a variety ofethnic nationalist movements in Oceania that have been connected with questionable financial dealings, and (iv) the attractiveness of its developing postmodern personality as a libertarian cyber-state. The article concludes by seeing Melchizedek's facilitation of financialfrauds as a challenge to recent libertarian thinking about the law of cyberspace and the anticipated neo-medieval world-system.     

The British whistleblower protection bill

This paper critically examines the first attempt to offer general statutory protection to United Kingdom whistleblowers. Despite some useful provisions, the paper concludes that the bill is retrogressive, unsophisticated and narrow; and that it will be the legal profession not employees of conscience who will benefit from this instrument if it passes into law. This revised version was published online in July 2006 with corrections to the Cover Date.     

Small Islands versus Big Cities: Lessons in the Political Economy of Regional Development from the World’s Small Islands

Population, employment and economic capacity continue to concentrate in and around large urban centres. If geography (measured as proximity to large centres of population) increasingly matters in the knowledge economy, then there may be no future for periphery locations. This paper critically reviews and refutes this hypothesis by looking at the world’s small islands. Handicapped by size and distance, they are unable to generate scale dynamics nor to regularly access any neighbouring, large metropolitan centres. Nevertheless, jurisdictional resourcefulness resulting from sovereignty or sub-national autonomy fosters compensatory policy capacity. Demand for niche-technology manufactures and craft-based, labour-intensive or place-specific services is likely to persist. Cyclical migration strategies allow islanders seeking work or education off island to tap the metropole and re-inject resources to reinvigorate the periphery. Remittances, aid, bureaucracy and other “rents” can provide significant fiscal resources necessary for survival.