The US Alien Tort Claims Act of 1789, the US Torture Victims Protection Act of 1992, and the Gongadze Case: A Right without Adequate Remedy?

The US 1992 Torture Victims Protection Act (TVPA) strengthens the reach of the 1789 Alien Tort Claims Act (ATCA) to US citizens alleging claims of torture and/or extrajudicial killings that occur abroad, but only if the plaintiffs were US citizens at the time of the criminal acts. Should the later-in-time statute, which gives effect to the United Nations Convention against Torture and extends remedies under the ATCA, be amended to apply to those given political asylum in this country from the moment of their entry? Is not the limbo status of victims given haven in the USA but not automatic citizenship, victims who rightly need resolution of brutal facts which occasioned rupture with their country of origin, a situation that cries for more precise remedy? This note explores this issue as raised by the case of Myroslava Gongadze, the widow of slain political journalist Georghy Gongadze in the Ukraine in September 2000. Only three of the perpetrators, policemen who say they followed orders, were put on trial in 2007–2008. Those who allegedly gave the orders for the killing continue to evade justice.     

Divine Witness

Journal of Indian Philosophy - When People were falsely accused, and yet there existed no human means to testify to the truth, to whom did they resort for the final judgment? In ancient India, it...     

Banks and the Communities They Serve: Time to Legislate?

In March 2007 HM Treasury published its latest thoughts on Financial Inclusion (HM Treasury Financial inclusion: The way forward, 2007), highlighting that after 10 years of activity in this area there is still growing evidence that the market is not meeting everyone’s needs, with significant numbers of people not able to access basic financial services such as credit. This continues alongside media stories of further bank branch closures in some areas, branches for high income earners only in others and the continuing controversy surrounding charges. This article will, with reference to the UK government’s financial inclusion agenda assess whether the time has come to implement legislation mandating that UK credit institutions have regard to customers needs when making decisions that could affect those most at risk from restricted access to financial services. These needs can include both access to affordable credit and access to financial services, such as bank accounts. The paper will use as a comparator the much talked about United States Community Reinvestment Act, enacted in 1977 and since amended, hailed (Barr New York University Law Review 80:513, 2005) and criticised (Macey and Miller Virginia Law Review 78:291, 1993) in equal measures, designed to ensure that depository institutions meet the credit needs of the communities they serve, particularly low and moderate income areas. Although not designed to tackle the perceived problems identified by the UK government, would enactment of similar legislation do more to achieve these aims that the activities undertaken so far. The article proposes that one way in which to improve the fight against financial exclusion is to improve the disclosure requirements of financial institutions, forcing them, where necessary, to provide data on lending patterns in disadvantaged areas.

Cyber insurance – What coverage in case of an alleged act of War? Questions raised by the Mondelez v. Zurich case

In October 2018, snack company Mondelez International, Inc. (Mondelez) filed an action against Zurich American Insurance Company (Zurich), requesting indemnification for more than USD $100,000,000 in losses caused by the NotPetya cyber virus. Zurich refuses to cover these damages alleging one of the insurance policy's exclusions for damage resulting from a hostile or warlike action by a government, as the NotPetya attack is said to have been sponsored by Russia. This case is noteworthy for multiple reasons: not only is it the first significant legal dispute in the insurance field concerning the recovery of costs resulting from a cyber attack, but it is also the first time that an insurance company is invoking the war exclusion to decline coverage for an allegedly state-sponsored cyber hack.This article analyzes the key issues of this important case, including attribution of a cyber attack to a State and interpretation of an insurance policy's war exclusion in a cyber context, and the likelihood of success of Mondelez's arguments. It also explores the strengths and limits of general principles of contract and public international law when applied to new technologies and cyber incidents. Finally, it discusses the potential impacts of the Mondelez case on the contents and limits of future traditional and cyber-specific insurance policies.     

Insurance Fraud and the Role of the Civil Law

Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone), concerned the use of a fraudulent device being harnessed to support a legitimate claim which, in the view of the majority, was an area of insurance law in need of re‐evaluation. The second, Haywood v Zurich Insurance Co, concerned the use of fraud to increase the settlement paid by the insurer and whether an insurer, which suspects fraud but has nevertheless chosen to settle a claim, is entitled to set aside the settlement under the tort of deceit where it subsequently discovers proof that it was in fact fraudulent. This case note examines not only the legal implications of the decisions and their likely impact on industry practice, it also focuses on the broader issue of the proper province of the civil law and whether general deterrence can be justified as a proper objective where the criminal law is deficient in punishing fraud because of its higher standard of proof.     

Social Citizenship,Housing Wealth and the Cost of Social Care: Is the Care Act 2014 ‘Fair'?

This article assesses the extent to which it is ‘fair’ for the government to require owner‐occupiers to draw on the equity accumulated in their home to fund their social care costs. The question is stimulated by the report of the Commission on Funding of Care and Support, Fairer Care Funding (the Dilnot Commission) and the subsequent Care Act 2014. The enquiry is located within the framework of social citizenship and the new social contract. It argues that the individualistic, contractarian approach, exemplified by the Dilnot Commission and reflected in the Act, raises questions when considered from the perspective of intergenerational fairness. We argue that our concerns with the Act could be addressed by inculcating an expectation of drawing on housing wealth to fund older age: a policy of asset‐based welfare.     

Public Policy and Political Dynamics of Heritage Conservation in the United States

Policy making and advocacy efforts throughout the legislative history of heritage conservation display the gaps in heritage conservation in the United States. To represent the political dynamics at the federal level in both intangible and tangible cultural heritage policy discussions, this article will examine cases of legislative processes: the policy discussions to amend the National Historic Preservation Act (NHPA) in 1997 and 2005 and the reauthorization of the American Folklife Center (AFC). The study will focus on the subgovernment framework in heritage policy to demonstrate institutionalization of policy discussion and review the intergovernmentalism and decentralization in heritage conservation.     

论1898～1935年美国在菲律宾经济政策的旧殖民性——以国际比较视角和档案为基础的分析

美国在菲律宾殖民统治时期的经济政策对菲律宾政治、经济和文化的发展有深刻影响。但从国际比较视角看,美国在菲律宾殖民统治时期的经济政策呈现出旧殖民性的特点,而不是学术界主流观点认为的新殖民主义,主要表现：失败的土地改革,保守的贸易政策,有限的工业化。