Parallel trade and free trade agreements

Legal context. Free trade agreements seek to remove unjustifiedbarriers to trade. Normally barriers to trade are imposed bystates, such as quotas, tariffs, subsidies and regulatory restrictions.However, sometimes barriers will be imposed by private partiesseeking to prevent parallel trade (arbitrage) of their own products.The aim of this article is to examine the way in which freetrade agreements deal with private barriers to parallel tradeand thus to consider to what extent parallel trade is possiblewithin free trade areas. Key points. The article considers first the situation withinthe European Community, which has long supported parallel tradethrough its provisions on the free movement of goods and competitionlaw, before turning to the approach taken in the Community'sfree trade agreements with third countries. It carries out thesame exercise in relation to the United States and then considershow parallel trade is dealt with by the World Trade Organisation.Finally, as free trade agreements only seek to remove unjustifiedbarriers, it considers possible justifications for the differentapproaches before drawing some tentative conclusions. Practical significance. This article considers the impact whichthe overlap between intellectual property, competition law andtrade law has in relation to parallel trade. As well as reviewingthe current position, which will be of use to businesses andlegal practitioners on both sides of parallel trade, it assessesthe underlying justifications which are relevant to policy makingin this field.     

Topoi in Summa: Virtual Justice as Determinant for Aquinas’ Placement of Law

This study shows the spatial juxtaposition and separation of topics regarding law in Thomas Aquinas’ Summa theologiae. These topics are his treatise on legal structures among morals in its part I-II, and his treatise on legal justice among virtues in its part II-II. This difference in the topics’ placements requires mediation by the virtuality of law, in order to grasp the distances and bridges between the two treatments of law.     

Trusts for Religious Purposes and the Question of Public Benefit

It is a well‐established principle that no trust may be regarded as charitable in law unless carrying out its purposes will benefit the public. Trusts for religious purposes have traditionally been presumed by courts to be for the public benefit. However, the presumption of public benefit will be removed from the law in early 2008 when section 3(2) of the Charities Act 2006 comes into force. At that time, two questions are likely to attract interest. First, to what extent, and in what ways, has the application of a presumption of public benefit assisted courts up to now? Secondly, without the assistance of the presumption, how might courts go about ascertaining whether the public will benefit in future cases? The article takes up these two questions with respect to trusts for religious purposes.     

Assessing treatability in mentally disordered offenders

The research literature on the treatability of forensic patients is sparse and fragmented. Employing available studies, we argue for a radical rethinking of treatability within the criminal justice system as a complex predictive task that tests the very limits of clinical competence. Issues that must be addressed in examining treatment needs of mentally disordered offenders include (a) making crosssituational predictions, (b) determining the relationship, if any, between the mental disorder and criminal behavior, and (c) estabilishing the likelihood of treatment compliance, favorable treatment response, and the availability at some future date of recommended interventions.     

SUSPENDING COMMONWEALTH EMPLOYEES WHO ENGAGE IN INDUSTRIAL ACTION

In this note the various powers of the Commonwealth employer to suspend employees engaging in industrial action are examined and the need for the Commonwealth Employees (Employment Provisions) Act 1977' is considered. The legal rights and obligations of the Commonwealth employer and employee regarding suspension rest fundamentally with the contract of employment, but they are commonly modified and supplemented by legislation and industrial awards.     

The dimensions of dangerousness

Law and Human Behavior - Treatment of dangerousness in both sociolegal research and clinical practice has neglected to consider the multidimensional nature of the construct. An attempt was made to...     

Managing the Core Executive

In the build up to general elections there is invariably a wealth of discourse on constitutional and transitional issues and even on the efficiency and cost-effectiveness of the civil service, but rarely is there any debate on the manner in which politicians manage the government machine. This article seeks to address this deficiency. It examines the operational factors common to the core executive, assesses the problems usually associated with the government as an organization and reviews alternative solutions. Finally, it offers managerially oriented advice, reasoning that it is the role of policy analysts to prescribe and that it is irresponsible to ignore this function. it is clearly emphasized that management solutions are not synonymous with business solutions. The article draws on universal principles of management, seeking to avoid normative suggestions and concentrating instead on practical considerations. Those considerations include personnel selection, collective responsibility, leadership style, organizational structure and team mentality. The conclusion is that strong managerially based leadership should not be dismissed as incompatible with the political constraints placed upon Prime Ministers but rather it should e the predominant impulse.