Can Self-Defense Justify Punishment?

This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment and culpability; and he cannot account for punishment of inchoate crimes.     

Meeting of Commonwealth Law Ministers and Senior Officials

The paper broadly captures the legal framework for the prosecution of piracy cases in Kenya, given the experience that Kenya has gained from piracy prosecutions since 2006. It also underscores the need for regional, coastal and flag states to co-operate in the repression of piracy off the coast of Somalia in line with the UN Security Council resolutions on the subject. The challenges that Kenya has encountered in piracy prosecutions are also highlighted, and suggestions on how best states can co-operate in this regard are made. International co-operation is identified as a key component to the success in combatting piracy.     

Use of trusts by Eastern European clients: practical issues

In order to get a more sophisticated understanding of the useof trusts by the clients from Eastern Europe (primarily fromRussia), it is worthwhile describing the procedure for settingup a trust with a typical representative of the ‘new wave’Eastern European business; painting a collective portrait ofRussian businessmen in 2007, and identifying the most commontypes, their specific features and the possible difficultiesof working with this sort of client. This modest unsystematicreview will help trust professionals to break through a cultureshock produced by the contact with a recent extraterrestrial,and now a demanding client. This article provides an insightinto most frequent queries and examines psychological aspectsof behavior, business practice and, if possible, to dispersestereotypes.     

Forced to make mistakes: Reasons for complaining about Bebchuk's scheme and other market-oriented insolvency procedures

Bebchuk's proposal for bankruptcy reform is analysed, in particular his claim that using options is fair and prevents justified complains. However, the proposal has a systematic bias against junior creditors and former shareholders because they have to pay for unavoidable mistakes in estimating the company's value, may lack the financial resources to exercise their options and lose by a day of reckoning. A market solution will be specified that is simpler and at least as fair as Bebchuk's scheme according to his own standards. However, a complete solution to these problems may have to be a non-market one. JEL Classification G33 · K39 · K22     

Die Bewirtschaftung der genetischen Ressourcen des Tiefseebodens – Ein neues Seerechtsproblem?

Die genetischen Ressourcen des küstenfernen Tiefseebodens rücken angesichts ihrer besonderen biochemischen Eigenschaften zunehmend in den Vordergrund des wirtschaftlichen und wissenschaftlichen Interesses. Vorliegender Beitrag befasst sich mit der Frage, inwiefern eine nachhaltige Bewirtschaftung dieser Ressourcen vom geltenden See- und Umweltv?lkerrecht erfasst wird. Er legt den Schwerpunkt auf die Durchsetzung der einschl?gigen Hohe See-Bestimmungen und erteilt rechtspolitischen Forderungen nach einer Ausdehnung des Meeresbodenregimes eine Absage.     

Is Judicial Review Democratic? A Comment on Harel

Law and Philosophy -     

Ethics, values and behaviours: comparison of three case studies examining the paucity of leadership in government

Three societies with similar initiatives for public service re-configuration and reform – the UK, Canada and Australia – are examined to highlight the many-faceted issues of public service ethics and the different approaches these governments have taken to re-building public trust and enhancing public service ethics in times of rapid change. These efforts for re-building an ethical public service are scrutinized according to four criteria for effectively leading change. Changes of public service values are also analysed as well as their implications for public servants.
Effectively, applied leadership is identified as the pillar of ethical practice – emphasizing the need for quality leadership development through on-the-job experience. Although legislation and codification are seen as necessary for building an ethical infrastructure that can help employees out of encountered dilemmas, the way forward is seen as nurturing an environment of trust and vigilance in which ethics are promoted through exemplary behaviour of leaders and employees alike.