Opening the door to enforcement of foreign non-monetary judgments in Jersey: Brunei and Bandone v Fidelis and Others [2008] JRC152

The common law rule preventing the enforcement of foreign non-moneyjudgments (set out in Rule 35(1) of Dicey, Morris & Collins)("Dicey") has been amended in Jersey. The Courts now have adiscretion to enforce foreign non-monetary judgments, includingequitable orders such as specific performance, and injunctiveor declaratory relief, which are so vital to effective modernday remedies. In doing so, the Jersey Courts have adopted theapproach taken in the Canadian and Caymanian Courts.     

印度:“适度偷点论”洞开腐败门

印度的腐败,居然"猛于恐怖主义",并成为"治理赤字"。这是该国的一份网络调查的结果。调查问道:"腐败或恐怖主义,哪个是印度更急需应对的问题?"超过90%的受访者认为,在印度,腐败猛于恐怖主义。与此同时,14位知名人士在致国家首脑的联名公开信中直言,腐败作为印度的"治理赤字",正侵蚀着国家的肌体,印度必须以"紧迫感、决心和战时体制应对这种病症"。     

The last frontier: enforcing foreign judgments against offshore trusts after Pattni v Ali

A review of recent case law outlining the approach to enforcingforeign judgments in some common law jurisdictions. The cases,which were all decided over the last three years, in or on appealfrom, the Isle of Man, Jersey and the Cayman Islands, dealtwith orders for the transfer of shareholdings in companies incorporatedin the respective jurisdictions. It is the raison d'etre ofthe offshore trusts industry in each of those jurisdictionsthat they have each sought to put in place, some later thanothers, legislative packages which advertise certainty aboutthe circumstances in which foreign judgments will or will notbe enforced.     

Adapting to the foreign technological challenge

United States technology is increasingly viewed as providing the backbone and where-withal to arrest the nation's economic slide and to restore the accustomed U.S. leadership position in international trade. This view stems from demonstrated U.S. preeminence in technology, the importance of technology in economic growth, and the ascendance of technology in foreign affairs and international trade today. But, undue preoccupation with the domestic technology base represents at best a suboptimum strategy in the face of a continuing decline in the national investment in R&D. In view of the incipient shifting of the world technological balance overseas, comparable attention needs to be focused on foreign technological developments, and their potential for import and adaptation to help fuel technological innovation at home. A more balanced mix of foreign and domestic technological ingredients in the U.S. socioeconomic cauldron promises to be more attuned to the reality of scarce domestic resources and the changing world environment.     

BC court orders government to pay for treatment

On 9 October 2002, the British Columbia Court of Appeal upheld a ruling of a BC court that the BC government must not discriminate against a disabled and disadvantaged group when choosing what medical treatments it will fund. The Court of Appeal ordered the BC government to pay for a particular form of treatment. The case is significant in the context of HIV/AIDS because it could lend support to arguments that a government must make appropriate accommodation for the health-care needs of other disabled and marginalized groups--for example, safe injection supervision for the treatment of addiction.     

Who's on the line? Policing and enforcing laws relating to mobile phone use while driving

This article investigates how laws relating to mobile phone use in cars are written, interpreted and applied in real life. It explores how regulations are imposed, the difficulties that are encountered in terms of enforcement, and how laws have been policed and tested in court. By focusing on the socio-legal context in Victoria and drawing upon international comparisons, we see that stories of enforcement highlight the unique and particular questions asked of existing legal systems by motorists using a mobile phone. Moreover, in describing the problematic process of developing and implementing legal regulations, we see that road rules are struggling to adapt to a transitional technology and that there are significant obstacles to enforcing the laws.     

Telecommunications terminal equipment: EEC commission opens the market

The 12 Member States of the European Economic Community (EEC) are legally obliged by the Treaty of Rome, as amended by the Single European Act, to abolish all of the remaining physical, technical and fiscal barriers between them by 31 December 1992. The Single European Act, which sets the 1992 deadline, defines the envisaged internal market as “an area without internal frontiers”.The creation of a common European market for telecommunications services and equipment is both an essential prerequisite and an important part of the “internal market”.In its Green Paper on the Development of the Common Market for Telecommunications Services and Equipment — “the Green Paper”¹⁾) — and a follow-up Communication²⁾, the Commission of the European Communities (“the Commission”) has set forth its main policy proposals in the telecommunications field. Implementation of these policy proposals by means of Community law directives is progressing rapidly, in particular with respect to terminal equipment. On 16 May 1988, the Commission issued a“Commission Directive on Competition in the Markets in Telecommunications Terminal Equipment” — “Terminal Equipment Directive” —³⁾ based on its regulatory powers under Art. 90(3) of the Treaty of Rome (“EEC Treaty”).This article explores the regulatory scope of the Terminal Equipment Directive which has recently been challenged by the French government before the European Court of Justice.     

强制清污应具备的法定条件及清污费用的性质

论述海事行政主管部门实施强制清污应具备的法定条件，分析清污费用法律属性，介评清污费用实现方式的几种主要观点，并对清污费用所涉及的有关法律问题进行分析。     

道路危险品运输管理行政执法中的问题及对策

近年来,我国相继颁布实施了一系列涉及道路危险货物运输安全管理的法律、法规和标准,初步形成了危险品管理法律法规体系,有力地保障道路危险货物运输行业的健康发展。但是,随着道路危险货物运输市场日趋复杂化与多元化,道路危险货物运输管理执法工作中面临新的问题。本文分别从道路危险货物运输管理依据的法律法规、执法力度、多头管理等方面分析了当前执法工作中存在的问题,并提出一些相应的解决方法。     

South Africa: highest court orders government to provide antiretrovirals to prevent mother-to-child transmission

On 5 July 2002, South African treatment activists won a significant victory when the Constitutional Court ordered the South African government to make the antiretroviral drug nevirapine available in public hospitals and clinics for the purposes of preventing mother-to-child transmission of HIV. The Court also ruled the government has a constitutional obligation to implement a program to realize the right of pregnant women and their newborn children to access health services to prevent transmission.     

The problem of writing,enforcing, and teaching ethical rules: A reply to professor Goldman

psychological terms, the [Japanese] system relies on positive rather than negative reinforcement, emphasizing loving acceptance in exchange for genuine repentance. An analogue of what the Japanese policeman wants the offender to feel is the tearful relief of a child when confession of wrongdoing to his parents results in a gentle laugh and a warm hug. In relation to American policemen, Japanese officers want to be known for the warmth of their care rather than the strictness of their enforcement.¹

Much of the most disturbing police behaviour stems from two connected facts: the system's overwhelming dependence on admissions of guilt, and the absence of checks on police power in the interrogation room. In Japan, the conditions of interrogation—the duration and intensity of questioning, the duty to endure questioning even after the right to silence has been invoked, and the unavailability of defence lawyers—means that an ‘overborne will’ is more than merely an occasional problem.²     

DNA on the inside door handles of entrance doors

DNA from door handles on entry doors could provide a clue as to who last left the scene. However, after years of extensive research on DNA transfer and persistence it can be considered common knowledge that general claims like "the last who touched leaves the most DNA" do not hold true. But who's DNA do we find on door handles that are usually used several times per day by the inhabitants? To assess this question, we sampled inside door handles from real-life burglaries and at the same time collected reference samples from all the inhabitants, to determine if we can detect any (major) profiles from non-inhabitants. We also searched to evaluate how often we detect DNA from the person who last touched the door handle as a (major) contributor. Only small amounts of DNA were recovered from the handles, originating most often, but not always, from inhabitants or even the last inhabitant touching the handle.