The Denning Law Journal最新文献

{"title":"PROSECUTING PRESIDENT AL BASHIR, AND THE SHORT ARM OF JUSTICE","authors":"S. Bullock","doi":"10.5750/dlj.v25i1.782","DOIUrl":"https://doi.org/10.5750/dlj.v25i1.782","url":null,"abstract":"Prosecutor v Omar Hassan Ahmad Al Bashir In this decision the Pre-Trial Chamber of the International Criminal Court (ICC) condemned Malawi, as a member state of the ICC, for the failure to comply with the request to arrest and surrender the President of Sudan, Omar Al Bashir. Significantly, the Chamber determined that the traditionally sacrosanct concept of immunity of Heads of State no longer applied before an international court or tribunal. Whilst the intention to create universal jurisdiction over perpetrators of war crimes and crimes against humanity is extremely laudable, the legal reasoning by the Chamber is regrettably unsound. If the decision remains unchallenged, the implication is that no Head of State, whether or not they are a signatory to the ICC, is immune from prosecution on the mere basis of the ICC’s status as an international court.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127070424","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}

{"title":"FEMINIST PERSPECTIVES ON TORT LAW","authors":"J. Richardson, E. Rackley","doi":"10.4324/9780203122822","DOIUrl":"https://doi.org/10.4324/9780203122822","url":null,"abstract":"Janice Richardson and Erika Rackley (eds), Routledge 2012, ISBN 978-0415619202 Price £80.00 hb Because it is the area of civil law with a distinctly human face, students often initially find tort law accessible; sometimes deceptively so. Early on, they are introduced to the importance of policy in the development of case law. Often this policy is not articulated, so a skill must be developed of reading between the lines, in order to discern the influence upon judicial decision-making of concerns such as those about the ‘floodgates’, or perhaps defensive practice. But additionally, both students, their teachers and users of the tort system, must be appraised that explicit assertions about ‘policy’ are premised upon much more fundamental and elusive assumptions about the way society does or should operate.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126831654","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}

{"title":"THE BRAVE NEW TERRITORY OF GAY PARENTING","authors":"M. Welstead","doi":"10.5750/DLJ.V25I1.745","DOIUrl":"https://doi.org/10.5750/DLJ.V25I1.745","url":null,"abstract":"Many couples in same-sex relationships are as enthusiastic in their desire to become parents as those who are in heterosexual relationships. Adoption, surrogacy, sperm donation, have all enabled same-sex couples to achieve their parental ambitions and create families. For the most part, they have done so without any interference by, or involvement with, the biological parents after the birth of their children. Whilst the majority of lesbian parents tend to use sperm which has been obtained from an anonymous donor, some women have shown a preference to use a sperm donor who is known to them to become the biological father of their children.This may be because they want to know the background, personality and medical history of a potential father before embarking on the procreative process. In some cases, it may also be because some women want their children to have a male role model in their life. Using a known sperm donor can, however, involve risks for would-be-mothers if, contrary to the father’s wishes, they do not want him to play a significant role in the child’s life. Their dreams of creating an autonomous nuclear family may be destroyed and replaced with a new form of extended family, consisting of three or even four parents if the biological father has a partner.  The tale recounted in the Appeal Court judgment in A v B and C (Lesbian co-parents: role of father) (2012 ) is a cautionary one for lesbian would-be-parents and one of hope for potential biological fathers who are known to them. The Court of Appeal emphasised the paramountcy of the welfare principle, contained in s1(1) of the Children Act 1989 in resolving all child contact disputes. It declined to elicit any further principles in these difficult fact specific cases and stated that the sexual orientation of the parents and their pre-conceptual agreements, or understandings, spoken or unspoken are either irrelevant (per Thorpe LJ) or relevant but not determinative (per Black LJ). * Dr Mary Welstead, CAP Fellow, Harvard Law School, Visiting Professor of Family Law, University of Buckingham. [1] Re G; Re Z (Children: Sperm Donors: Leave to Apply for Children Act Orders) [2013] 1 FLR 1334.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114985827","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}

{"title":"‘GET OUT OF JAIL FREE’ CARD: THE COURTS’ OFFER OF ASSISTANCE TO ERRANT TRUSTEES","authors":"Miguel Colebrook","doi":"10.5750/DLJ.V25I1.783","DOIUrl":"https://doi.org/10.5750/DLJ.V25I1.783","url":null,"abstract":"Decisions taken by trustees have consequences. When trustees make mistakes, especially mistakes that cost the trust fund dearly, can the courts ever erase those errors and let the trustees unwind what they have done and start afresh? To do so, of course, has obvious advantages for both the trustees and those beneficiaries affected by the mistakes, but it is correspondingly disadvantageous for any outsiders who might be equally affected by the court’s decision to erase - in England most typically Her Majesty’s Revenue and Customs. For a long time, the answer to the question posed seemed to be yes. This invaluable ‘get out of jail free’ card was delivered to errant trustees by virtue of what was routinely known as the ‘ rule in Re Hastings-Bass.’ The Supreme Court, the highest court in the land, has now indicated that this is not right, that Re Hastings-Bass has been misunderstood for over 23 years, and that trustees are not so roundly protected by such a rule. However, in reaching its conclusions, it appears that the Supreme Court may have abolished one rule and replaced it with another, which also seems to benefit trustees.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133241698","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}

{"title":"LORD DENNING AND MARGARET THATCHER, LAW AND SOCIETY","authors":"Simon Lee","doi":"10.5750/DLJ.V25I1.777","DOIUrl":"https://doi.org/10.5750/DLJ.V25I1.777","url":null,"abstract":"“Lord Denning is the best-known and best-loved judge in the whole of our history.” That was the opening of Lord Bingham’s address at the service of thanksgiving for the life of Lord Denning, the former Master of the Rolls, in Westminster Abbey in 1999. Lord Bingham was well-placed to judge. He himself held the offices of Master of the Rolls, Lord Chief Justice and Senior Law Lord. He is an accomplished historian. He ascribed Lord Denning’s renown and reputation to his unique warmth, his popular touch and his longevity. Tom Denning was born in the Victorian era, in 1899, and lived a few weeks beyond his 100 th birthday in 1999. He only retired at the age of 82 and then reluctantly.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133420779","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}

{"title":"PROTECTING PRIVATE PROPERTY IN CHINA - WHOSE PROPERTY?","authors":"Xiaoyang Zhang","doi":"10.5750/dlj.v25i1.744","DOIUrl":"https://doi.org/10.5750/dlj.v25i1.744","url":null,"abstract":"The importance of protecting private property in China has now ascended to the same level as that of safeguarding public assets which has traditionally been a top priority for socialist nations. This article will firstly and heavily expound on the rationale behind the availability and at certain times the marginalisation of protecting private property de jure and de facto during some momentous stages in modern Chinese history. It will then touch on a lingering problem relevant to today’s Chinese society arising from the drainage of state assets, a phenomenon having occurred in the transformation process of China’s economic regimes over the most recent decades. It finally argues that while protecting the right to lawful private property is not a matter in dispute, pursuing the protection of private property shall in no way lead to the weakening of sticking to the core value of justice and egalitarianism, a key to ensuring a sound socialist institution.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127577010","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}

{"title":"Media Reportage of Sexual Harassment: The (In)Credible Complainant","authors":"Keziah Judd, P. Easteal","doi":"10.5750/DLJ.V25I1.775","DOIUrl":"https://doi.org/10.5750/DLJ.V25I1.775","url":null,"abstract":"Studies of court and conciliation decisions about credible complainants and legitimate sexual harassment. In determining what is reasonable and indeed in assessing whether behavior was sexual and unwelcome and resulted in humiliation, it is often the complainant’s identity, history and behaviour that are scrutinised and evaluated by conciliators and judicial officers. Youth can enhance credibility if the alleged harasser is older. Also, credible victims fight back, report immediately, are consistent in their evidence, are able to particularise and testify either in a non- aggressive and not too ‘smart’ manner or make an argumentative presentation coupled with confidence. Judicial commentary about the complainant’s relationships, dress and attitudes to sexuality is a chilling echo of Catharine MacKinnon’s 1979 observation that sexual harassment was often dismissed as “trivial, isolated, and ‘personal,’ or as universal ‘natural’ or ‘biological’ behaviours…","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114908638","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}

{"title":"BUSINESS, HUMAN RIGHTS AND CHILDREN: THE DEVELOPING INTERNATIONAL AGENDA","authors":"Olga Martín-Ortega, R. Wallace","doi":"10.5750/DLJ.V25I1.747","DOIUrl":"https://doi.org/10.5750/DLJ.V25I1.747","url":null,"abstract":"The consideration of the role of the private business sector with regards to the fulfilment of children’s rights is relatively recent. International attention on the effects of business activities have on children has been fragmented until now, focussing on specific sectors, mainly child labour and economic exploitation. Recent international developments, addressed both to states and business enterprises, propose a more comprehensive approach. This article focuses on two of them: the UNICEF-Global Compact and Save the Children Children’s Rights and Business Principles (CRB Principles), launched in May 2012, and the Committee on the Rights of the Child’s General Comment No. 16 on state obligations regarding the impact of the business sector on children’s rights, published in April 2013.  Both documents represent an important step in the consolidation of an international agenda for the protection of the rights of the child that takes into account the different challenges faced by children in the current economic system.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131916385","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}

{"title":"RECENT HUMAN RIGHTS DEVELOPMENTS IN EXTRADITION LAW & RELATED IMMIGRATION LAW","authors":"Ed Fitzgerald Qc","doi":"10.5750/dlj.v25i1.776","DOIUrl":"https://doi.org/10.5750/dlj.v25i1.776","url":null,"abstract":"This article provides a critical overview of some key human rights developments since January 2012 in the field of extradition and deportation law. It is arranged by reference to the key Articles of the European Convention on Human Rights likely to be engaged, namely, Articles 3, 8 and 6.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"219 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124326967","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}

{"title":"Dialogue and declarations of incompatibility under section 4 of the Human Rights Act 1998","authors":"Christopher Crawford","doi":"10.5750/DLJ.V25I1.748","DOIUrl":"https://doi.org/10.5750/DLJ.V25I1.748","url":null,"abstract":"It has been argued that the Human Rights Act 1998 (‘HRA’) establishes a ‘dialogue’ between the courts, parliament and the executive.  This ‘dialogue’ is supposed to be an exchange of ideas about rights pursuant to which policy goals are revised, but not blocked, following judicial decisions and takes place predominantly when courts issue declarations of incompatibility under s 4 of the HRA.  There have been 18 cases in which declarations have become final.  This article considers those 18 cases and their legislative aftermaths.  It reveals, firstly, that parliament has some ability to deal with rights issues without the courts’ prompting, secondly, that although certain declarations may have led to constructive modification of public policy, other declarations may have led to less effective policy and, thirdly, that parliament has no real freedom to disagree with the conclusions of the courts on questions of rights when a declaration has been made.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123762278","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}