The Denning Law Journal最新文献_第10页

COMBATING CORRUPTION: SOME REFLECTIONS ON THE USE OF THE OFFENCE AND THE TORT OF MISCONDUCT/MISFEASANCE IN A PUBLIC OFFICE 打击贪污:对公职人员行为失当/不当行为的罪行及侵权行为的运用的一些思考

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V24I1.392

J. Hatchard

引用次数: 2

INDIGENOUS SELF-DETERMINATION: THE ROOT OF STATE RESISTANCE 本土自决:国家抵抗的根源

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V24I1.394

Sarah Sargent, G. Melling

引用次数: 1

INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS 将租船仲裁条款纳入提单:最新发展

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V19I1.382

Miriam A. Goldby

{"title":"INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS","authors":"Miriam A. Goldby","doi":"10.5750/DLJ.V19I1.382","DOIUrl":"https://doi.org/10.5750/DLJ.V19I1.382","url":null,"abstract":"This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Where a bill of lading is issued under a charterparty, however, and where it expressly incorporates the charterparty’s arbitration clause into its terms, the parties to the contract of carriage contained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Wilson notes that “[a] strict contra proferentem approach has been adopted towards [attempts to incorporate charterparty arbitration clauses into bills of lading] since, while arbitration clauses are common in charterparties, hey are rarely found in bills of lading.” Three conditions must be met in order for a charterparty arbitration clause to be successfully incorporated into the bill of lading. First of all, “the operative words of incorporation must be found in the bill of lading itself”. Secondly such words must be suitable to describe the charterparty clause that is being incorporated. Finally, the incorporated clause must be consistent with the terms of the bill of lading, and in the event of conflict, the provisions of the bill of lading will prevail.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114170212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

R v Clinton and others R·v·克林顿和其他人

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V24I1.396

James Slater

引用次数: 0

DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V24I1.390

M. Welstead

{"title":"DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM","authors":"M. Welstead","doi":"10.5750/DLJ.V24I1.390","DOIUrl":"https://doi.org/10.5750/DLJ.V24I1.390","url":null,"abstract":"The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"390 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126744911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

THE LIBYAN INTERVENTION: LEGITIMACY AND THE CHALLENGES OF THE ‘RESPONSIBILITY TO PROTECT’ DOCTRINE 对利比亚的干预:合法性和“保护责任”学说的挑战

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V24I1.391

Edward Philips

{"title":"THE LIBYAN INTERVENTION: LEGITIMACY AND THE CHALLENGES OF THE ‘RESPONSIBILITY TO PROTECT’ DOCTRINE","authors":"Edward Philips","doi":"10.5750/DLJ.V24I1.391","DOIUrl":"https://doi.org/10.5750/DLJ.V24I1.391","url":null,"abstract":"The potency of the phrase „The Arab Spring‟ remains undiminished by its over-use since a young Tunisian man, Mohamed Bouazizi, set himself on fire on 18 December 2010. In much the same way as the domino effect of the fall of the Berlin Wall, references to the Arab Spring provide a short-hand description of the wave of public demonstrations and violent reprisals that have occurred, and continue to occur, across the entire Middle East. The fall-out of these events have also spread beyond the region; for instance, the coup d’etat in Mali (21 March 2012) and even the protests attendant upon the presidential election of Vladimir Putin in Russia have all been ascribed to this climatic event. Crucially, the Arab Spring has also resulted in the adjustment and re-alignment of global politics and alliances. No better example of this is provided by the undignified scramble by US politicians on both sides of the political divide to sunder their long-standing political, economic and military support of the regime of Egypt‟s Murbarak. And, ultimately, it has required western powers to attempt reconciliation with political Islam, or at the least, with the alleged „moderate‟ powers of the Islamic Brotherhood, who appear to have achieved their long-sought political ambitions through the ballot box.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126777657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Charkaoui v Canada (Citizenship and Immigration), 2007 SCC 9 (23 February 2007), Docket 30762, 30929, 31178 Charkaoui诉加拿大(公民及移民)，2007 SCC 9(2007年2月23日)，摘要30762,30929,31178

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V19I1.385

J. Scutt

引用次数: 1

LAWLESS WORLD: MAKING AND BREAKING GLOBAL RULES 无法无天的世界:制定和破坏全球规则

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V19I1.388

Jason Mink

引用次数: 11

The Council of Europe as a Normative Backdrop to Potential European Integration in the Sphere of Criminal Law 欧洲委员会作为刑法领域潜在欧洲一体化的规范背景

The Denning Law Journal Pub Date : 2012-11-27 DOI: 10.5750/DLJ.V19I1.380

G. Conway