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191.
The first 150 words of the full text of this article appear below. Key points
1. Introduction
. . . [Full Text of this Article]
2. Overview of the case
The facts The decision The ratio Appeals
3. Significance of the case
4. Nature of appropriation
Nature of security interest Contrast title transfer collateral arrangements Meaning of appropriation The issue in the case
5. Indirectly held securities
6. The Financial Collateral Directive regime
7. Interpretation of UK provisions implementing EU legislation
8. Doctrine versus pragmatism
相似文献
- The recent decision of the High Court of the BritishVirgin Islands in Alfa v Cukurova has caused a stir among lawyersserving the international financial markets based in London.
- Thedecision concerns the meaning of appropriation.Appropriation is a new remedy for collateral takers introducedby the Financial Collateral Arrangements (No. 2) Regulations2003, which implement the Financial Collateral Directive.
- Thedecision holds that effective appropriation requires the collateraltaker to take over from the collateral giver the ability todeal with the collateral as its own.
- In Cukurova, where anequitable mortgage was taken over directly held shares, thisrequired that the collateral taker become the registered ownerof the shares.
- The decision was appealed to the BVI Court ofAppeal in late January 2008 and may go further. In the meantime,this article provides an overview of the decision and considersits wider significance.
192.
193.
The 2007 Bali Climate Conference launched a 'meta-negotiation' of unprecedented scale and complexity. Culminating in 2009, climate change delegates must now define the next round of targets for the Kyoto Protocol developed country parties, and comparable provisions for the USA. Most dauntingly, negotiators must also devise a new architecture for further 'action' by developing countries under the Convention. This paper reflects on the key challenges involved in crafting a consensus at the climate conference in 2009 in Copenhagen. In particular, it explores options for reaching agreement with the USA and developing countries, suggesting a transition phase up to 2020. For developing countries, the paper outlines a possible 'choose and no-lose' approach, along with options for increased financing. The paper concludes by looking beyond 2009, emphasizing that, given the complexity of the negotiations, a work programme post-Copenhagen will be needed. 相似文献
194.
The present study tested the Two-Judgment Theory of Eyewitness Identification Accuracy. Specifically, the extent to which participants were able to engage in an absolute judgment strategy was manipulated by varying the time available to view a lineup. Providing a limited exposure to a lineup should “interrupt” decision making, whereby witnesses can only engage a relative strategy, thus leading to higher false positive responding given a target-absent lineup. Seventy-four adults viewed a 1-minute video that exposed them to an unknown target and subsequently viewed the lineup for a limited (2 s) or an unlimited amount of time. Although false positive rates were similar across conditions, accurate witnesses were more confident than inaccurate witnesses. Confidence was negatively correlated with response latency such that witnesses who took more time to make a decision were less confident in their decisions compared to witnesses who made more rapid decisions. Response latency did not differ for accurate and inaccurate witnesses. Limitations and suggestions for future research on the Two-Judgment Theory are discussed. 相似文献
195.
Joanna Kulikowska Joanna Nowicka Ma?gorzata Chowaniec Ma?gorzata Albert Rafa? Celiński Kornelia Dro?dziok Czes?aw Chowaniec 《Forensic Science International Supplement Series》2009,1(1):80-82
Introduction
In the years 1997–2007 in the Forensic Medicine Department, Silesian University of Medicine, Katowice a total of 785 blood samples collected from drivers being the perpetrators of road accidents was tested for the presence of psychoactive drugs.Methods
The studies took advantage of FPIA (Abbott), ELISA (Neogen), LC–MS and GC FID.Results
21% of tested samples were positive. In the blood of the driver cannabinoids, amphetamine and its derivatives were most frequently found. Moreover, individual opium alkaloids, their combinations with barbiturates, benzodiazepines or amphetamine, benzodiazepine derivatives (isolated cases), drugs of benzodiazepine group in combination with barbiturates, tramadol or tricyclic anti-depressants (isolated cases), carbamazepine, phenotiazine, cocaine, dibenzepine, benzene, toluene and acetone were determined.Conclusion
The obtained results showed cannabinoids and amphetamine derivatives to be the most frequent whereas opium alkaloids, barbiturates and benzodiazepines rather rare psychoactive drugs found in the tested blood samples of the drivers involved in the road accidents. The authors suggest screening psychoactive drugs not only in drivers involved in road accidents but also those put through the routine road check procedures. While giving opinions on the influence of the above mentioned drugs on the psychophysical efficiency of road traffic users, drugs and compounds which are not subject to legal control but have an effect on the human psychomotor efficiency and thus, enhance the risk of the road accident should be also taken into account. 相似文献196.
On 9 February 2004, the federal Immigration Court ruled that a Zambian woman can stay in the US because her HIV-positive status gives her a well-founded fear of persecution in Zambia. The court found that she would face severe and lethal discrimination in the public health clinics and in the employment sector and that the Zambian government is unwilling or unable to control this persecution. 相似文献
197.
On 5 May 2004, the UK Court of Appeal, Criminal Division, granted Mohammed Dica's appeal against his October 2003 conviction on two counts of causing grievous bodily harm for reckless transmission of HIV. The court ordered a retrial after determining that the trial judge was wrong to not allow the defendant to present information that the victims had known about his condition and had consented to the risk. 相似文献
198.
Bundles of paper, similar to sterling banknotes, were counted in banks in England and Wales. Subsequent analysis showed that the counting process, both by machine and by hand, transferred nanogram amounts of cocaine to the paper. Crystalline material, similar to cocaine hydrochloride, could be observed on the surface of the paper following counting. The geographical distribution of contamination broadly followed Government statistics for cocaine usage within the UK. Diacetylmorphine, Delta(9)-tetrahydrocannabinol (THC) and 3,4-methylenedioxymethylamphetamine (MDMA) were not detected during this study. 相似文献
199.
200.
Joanna R. Quinn 《Human Rights Review》2007,8(4):389-407
In the aftermath of prolonged civil conflict, social repair is essential. Countries like Uganda, various parts of which have
been at war since 1962, are in need of healing and renewal. This paper explores the use of customary mechanisms, instead of
trials and truth commissions, to bring about societal acknowledgement of what has happened, and it offers ideas as to how
these traditional practices might augment the rebuilding process in Uganda. 相似文献