Wielding Occam's Razor: Pruning Strategies for Economic Loss

The English Court of Appeal is currently faced with three analyticallydistinct approaches to the question of when one party owes anothera duty of care in respect of her economic interests, all ofwhich bear the authority of the House of Lords. Unable to choosebetween them, it has recently adopted a fourth approach combiningwhich combines them, in the apparent belief that the combinationwill eradicate any individual deficiencies. Against the backgroundof a recent case, the author argues that this is a holding strategyat best and methodologically deficient. He also challenges thecontinuing lip-service paid by courts to models of liabilitybased upon ‘assumptions of responsibility,’ examiningand criticising the causes of their persistence in the law inthe face of widespread academic criticism. Instead, the authorargues, the House of Lords should now clearly endorse a singlereasoning strategy to economic loss cases based on the three-stageapproach in Caparo Industries v Dickman. Properly understood,this approach offers the best prospect of facilitating consistentand transparent decision-making in the longer term.     

Legal Problems of Making Regional Trade Agreements with Non-WTO-Member States

In pursuing regional economic integration with non-WTO-membereconomies, a WTO member must be aware that WTO compliance isunder question. An exchange of preferential treatment betweenthe WTO-member party and non-WTO-member parties gives rise toa violation by the WTO member of the MFN treatment obligationof the WTO Agreement. In the case of integration in the servicesector, consistency with WTO jurisprudence is guaranteed, whereasin integrating the goods sector, WTO consistency can only beguaranteed when the non-WTO-member parties are least-developedcountries. Furthermore in the TRIPs sector, the WTO complianceis not questionable only when the RTA reconfirms original rightsand duties arising under the TRIPs Agreement. Thus, in orderto be consistent with WTO jurisprudence, regional integrationagreements in the area of trade in goods need to be approvedby a two-thirds majority of the WTO members, before they comeinto force. Or, the WTO member could encourage the non-WTO-memberstate to join the WTO before their RTA comes into force. Onthe other hand, in the case of economic integration in the servicesector, as non-WTO-member status of any counterpart economiesdoes not act as a legal impediment, the WTO members may pursuemore active negotiations, while remaining consistent with WTOjurisprudence. In drafting and negotiating on IPR chapters underRTAs, WTO members must be vigilant not to mutually exchangea higher level of IPR protection than that stipulated underthe TRIPs Agreement.     

Genetic and chemical components analysis of Papaver setigerum naturalized in Korea

Of the 110 species of genus Papaver, only Papaver somniferum and P. setigerum are controlled poppies in Korea. All poppy samples share similar morphology therefore it is important to check if they contain controlled substances such as morphine and codeine for forensic purpose. Since the alkaloid content of Papaver plants varies according to their growing stage, chemical components analysis alone is not enough to identify exact species. In 2010, hundreds of poppy plants suspected to be P. somniferum were found in Jeju Island, South Korea. They had a slightly different but overall similar appearance to P. somniferum. Using GC-MS analysis, codeine, rhoeadine, papaverine, protopine, noscapine, setigeridine and trace amounts of morphine were detected in these samples. Although their chemical components were different from what has been described in literatures for P. setigerum, they could be assumed to be P. setigerum based on their morphological features and GC-MS results. Also, chromosome numbers using their seeds showed 2n=44 and the numbers were in accordance with those of P. setigerum. Nucleotide substitution or insertion/deletion of ITS (internal transcribed spacer), 18S rRNA (ribosomal RNA), rbcL (large subunit of ribulose 1,5-bisphosphate carboxylase), trnL-trnF IGS (intergenic spacer), trnL intron and psbA-trnH were assessed as universal genetic markers for P. setigerum. Also, genetic analysis using six target genes involved in the biosynthesis of benzylisoquinoline alkaloids, including TYDC (tyrosine/dopa decarboxylase), SAT (salutaridinol-7-O-acetyltransferase), BBE (berberine bridge enzyme), COR (codeinone reductase), CYP80B1 ((S)-N-methylcoclaurine 3'-hydroxylase) and NCS (norcoclaurine synthase) were tested as Papaver-specific genetic markers by the existence of their PCR products. From the results, the sequences of the 6 universal genetic markers and 6 Papaver-specific genetic markers for P. setigerum were identified and then Genbank accession numbers of them were registered in NCBI. Also, the trnL intron and psbA-trnH nucleic acid sequences of the 7 Papaver species were identified and registered.     

Overcoming the division bloc and its limitations: a Gramscian approach to South Korean social formation

Abstract

Colonialism affects post-colonial social formations in a variety of ways. Japanese colonial rule had a far-reaching influence on South Korean post-colonial social formation. Most legacies of colonialism diminished as time went by, but one legacy of colonialism continued or even increased its effects on the South Korean political economy from the 1960s – namely, the division of Korea. This article provides an alternative Gramscian approach to the analysis of the social formation of South Korea, with due consideration of the division of the peninsula. For that purpose, it introduces the concept of a division bloc, adapting Gramsci’s concept of a historical bloc to develop an analysis of a social formation that is unique to South Korea. Then, I explicate the two events that have been most damaging for the division bloc – the 1997 economic crisis and the 1998–2007 inter-Korean reconciliation – describing them as an organic crisis and a hegemonic project, respectively. Following this, I present reasons why the counter-hegemonic efforts of liberal nationalists to overcome the division bloc failed.     

Promotion of the right of establishment in EU: focusing on the <Emphasis Type="Italic">Imperative Requirement Doctrine</Emphasis>

Consolidation of the “Common European Market” is a key feature of the European Union, which is made possible by the freedom in movement of goods, capital, services, and people. The freedom of movement for businesses manifests itself as the right of establishment. The aim of this paper is to examine various issues surrounding the right of establishment and to analyze the position of the European Court of Justice (ECJ) in each case. The analysis of cases illustrates a consistent opinion of the ECJ: The right of establishment is highly protected, but it must be exercised in the context of national legislation. Government regulation in market access, on the other hand, must meet the imperative requirement doctrine: it must be non-discriminatory, there must be general public interest at stake, the regulation must be an effective means of promoting public interest, and the regulation must be necessary and proportional to the general interest at stake. In sum, the ECJ upholds the right of establishment but nonetheless respects the states’ specific regulatory authority as long as they conform to the imperative requirement doctrine.     

Reasons for South Korean attitudes towards the death penalty: exploring the nexus between strong public support and history of misapplication

As of this writing, South Korea (officially, the Republic of Korea) is an abolitionist-in-practice nation; capital punishment is legal, but no death sentences have been carried out since a moratorium was enacted in 1997. Public support for the death penalty has decreased over time; however, the factors that determine support for or opposition to the death penalty of the South Korean general public are largely unknown. Using survey data from a nationwide sample of 416 respondents, this study examined the potential predictors for public attitudes towards capital punishment support. A majority of survey respondents (83%) supported the death penalty, a higher percentage than recent surveys of the South Korean general public. The deterrence and retribution perspectives were positively related to death penalty support, while crime severity, neighbourhood safety, the brutalisation effect, and innocence were negatively related. This study provides the first multivariate analysis of factors associated with South Korean attitudes towards the death penalty.     

Spatial analysis of violent crimes in Metro Manila,Philippines

Spatial patterns of murder and physical injury in Metro Manila, Philippines were visualised through conditional choropleth maps. Relationship of both crime rates with some demographic variables were investigated while accounting for possible spatial autocorrelation using spatial lag models. Results show that both crime rates tend to cluster in the northern cities of Metro Manila. Furthermore, significant spatial lag coefficients were found only for physical injury rates, with values ranging from 0.49 to 0.62, signifying a positive city-level spatial dependence of physical injury rates in Metro Manila. Moreover, some demographic covariates, such as population density, percentage of young males, education, marriage, and immigration were found to be associated with both crime rates. These results could serve as useful indicators of crime incidence; thus it is recommended that crime monitoring systems include them to aid in resource allocation and program planning for better crime prevention and security management.     

EU update

This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.