发布求助
文献互助 智能选刊 最新文献

Common law world review最新文献

筛选
英文 中文
Federalism and the law of evidence in Nigeria: Does Benjamin v Kalio constitute a simplistic route to justice that overlooks a pitfall? 尼日利亚的联邦制与证据法:本杰明诉卡利奥案是否构成了一条简单的通往正义的道路，而忽视了一个陷阱?
Common law world review Pub Date : 2022-10-12 DOI: 10.1177/14737795221116394
M. Adigun
{"title":"Federalism and the law of evidence in Nigeria: Does Benjamin v Kalio constitute a simplistic route to justice that overlooks a pitfall?","authors":"M. Adigun","doi":"10.1177/14737795221116394","DOIUrl":"https://doi.org/10.1177/14737795221116394","url":null,"abstract":"The decision of the Supreme Court of Nigeria in Benjamin v Kalio has been praised. However, the route taken by the Court to do justice and its implication have never been considered. This article examines the route through which the Supreme Court of Nigeria arrived at justice in this case. The article finds that the Supreme Court of Nigeria overruled its previous judgments by holding that unregistered land instruments could be tendered in evidence because section 20 of the Land Instruments (Preparation and Registration) Law of Rivers State is unconstitutional for not being within the legislative competence of States. The article argues that this is a simplistic route to justice having not taken cognisance of the Nigerian federalism and the concepts of existing and deemed laws with the probable consequence of rendering such laws on presumptions as section 30 of the Criminal Code and section 50 of the Penal Code null and void. The article concludes that this tends to constitute a pitfall.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"231 - 247"},"PeriodicalIF":0.0,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42695470","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: 0
Reforming non-consensual sexual offences in Hong Kong: How do the Law Reform Commission of Hong Kong's proposals compare with recent recommendations in other jurisdictions? 改革香港非保障性犯罪：香港法律改革委员会的建议与其他司法管辖区最近的建议相比如何？
Common law world review Pub Date : 2022-09-01 DOI: 10.1177/14737795221116396
Andrew Dyer, Thomas Crofts
{"title":"Reforming non-consensual sexual offences in Hong Kong: How do the Law Reform Commission of Hong Kong's proposals compare with recent recommendations in other jurisdictions?","authors":"Andrew Dyer, Thomas Crofts","doi":"10.1177/14737795221116396","DOIUrl":"https://doi.org/10.1177/14737795221116396","url":null,"abstract":"In this article, we consider the reforms to non-consensual sexual offences that the Law Reform Commission of Hong Kong (‘LRCHK’) has recently advocated in its Final Report about the law relating to sexual offending in that jurisdiction. We argue that a comparison between the LRCHK's proposals and those supported in recent years by Law Reform Commissions in other jurisdictions – most particularly, in New South Wales (‘NSW’) and Queensland – reveals the LRCHK's recommendations generally to be sensible, balanced and progressive. The LRCHK's approach to the question of what it is to consent, and to the issue of how a person withdraws consent, is preferable to that supported by the NSW Law Reform Commission (‘NSWLRC’). Further, it seems right to have supported an objective culpability requirement for the non-consensual offences with which it was concerned. And while there are difficulties concerning certain of the LRCHK's proposals – especially, perhaps, those pertaining to fraudulently procured sexual activity – the NSWLRC's and the Queensland Law Reform Commission's respective approaches to the last mentioned topic also seem imperfect.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"145 - 171"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44140911","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: 0
Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective 商业背景下基于性取向的宗教歧视:比较视角
Common law world review Pub Date : 2022-09-01 DOI: 10.1177/14737795211071100
A. Gray
{"title":"Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective","authors":"A. Gray","doi":"10.1177/14737795211071100","DOIUrl":"https://doi.org/10.1177/14737795211071100","url":null,"abstract":"This paper considers how three jurisdictions, Canada, the United States and the United Kingdom, have sought to reconcile freedom of religion with equality rights, particularly in the commercial context, and particularly in relation to sexual orientation. The recent decisions of the United Kingdom Supreme Court and United States Supreme Court form the backdrop for that discussion. It is argued that the former made piecemeal, and misleading, use of American case law, and a fuller consideration of that jurisdiction’s position was warranted, and would have led to a different view of the recent American decision. It argues that the United Kingdom Supreme Court was in error in viewing a message on a cake ordered from a baker as an example of the baker's expression, leading it to an incorrect conclusion at odds with statutory mandates in the commercial sphere around refusals of service. Both high court decisions risk undermining progress on the equality front.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"198 - 228"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43842145","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: 0
Technology-driven solutions to banks’ de-risking practices in Hong Kong: FinTech and blockchain-based smart contracts for financial inclusion 香港银行去风险实践的技术驱动解决方案：金融科技和基于区块链的金融普惠智能合约
Common law world review Pub Date : 2022-05-18 DOI: 10.1177/14737795211071095
Emily Lee
{"title":"Technology-driven solutions to banks’ de-risking practices in Hong Kong: FinTech and blockchain-based smart contracts for financial inclusion","authors":"Emily Lee","doi":"10.1177/14737795211071095","DOIUrl":"https://doi.org/10.1177/14737795211071095","url":null,"abstract":"This article examines banks’ de-risking practices inside Hong Kong's Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) regime, a problem that has created considerable tension between the demands of AML/CFT prevention and those of financial inclusion. It unravels the public policy tensions stemming from a multitude of financial reform causes, namely the facilitation of AML/CFT regulatory compliance, the promotion of financial technology (FinTech) innovation and an ultimate expansion in financial inclusion. The article argues that tiered account services are an important first step towards financial inclusion, culminating in the introduction of simple bank accounts by some banks to mitigate the effect of de-risking. While proposed solutions such as the know-your-client utility system and central data repository may contribute to a digital financial inclusion framework, they are not tailored to solve a specific problem (de-risking). The article therefore proposes and evaluates whether FinTech and blockchain-based smart contracts qualify as alternative solutions to de-risking. The article aims to address those policy tensions and contribute to the regulatory policy formulation and the rule-making for financial law and regulation intended to facilitate financial inclusion.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"83 - 108"},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49358537","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: 2
Strike-out Appeals, Unjust Enrichment, and Discoverability: Insights from Kenya 三振出局上诉、不当得利和可发现性:来自肯尼亚的见解
Common law world review Pub Date : 2022-05-18 DOI: 10.1177/14737795211070838
S. Beswick
{"title":"Strike-out Appeals, Unjust Enrichment, and Discoverability: Insights from Kenya","authors":"S. Beswick","doi":"10.1177/14737795211070838","DOIUrl":"https://doi.org/10.1177/14737795211070838","url":null,"abstract":"This note analyses a judgment of the Kenyan Court of Appeal that implicates issues that have been on the move in private law jurisprudence around the common law world. These issues are: (1) the interlocutory/final ruling distinction that appellate courts in Australia, Canada, Ghana, India, New Zealand, and elsewhere continue to grapple with; (2) when courts can reframe pleadings for breach of contract as claims in unjust enrichment, an issue recently considered by the Privy Council (2020); (3) the essentiality of ‘mistake’ for the purposes of benefitting from an extended limitation period – the subject of continued contention among unjust enrichment scholars; and (4) when mistakes are reasonably discoverable for limitation purposes, which has been the subject of major litigation before the United Kingdom Supreme Court (2020) and the Supreme Court of Canada (2021). The resolution of these issues in Alba Petroleum Ltd v Total Marketing Kenya Ltd could have been usefully informed by – and can inform – comparative common law jurisprudence.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"12 - 23"},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44002594","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: 0
Lessons from Ireland's 2020 judicial conduct controversy 爱尔兰2020年司法行为争议的教训
Common law world review Pub Date : 2022-05-18 DOI: 10.1177/14737795211058477
Laura Cahillane, D. Kenny
{"title":"Lessons from Ireland's 2020 judicial conduct controversy","authors":"Laura Cahillane, D. Kenny","doi":"10.1177/14737795211058477","DOIUrl":"https://doi.org/10.1177/14737795211058477","url":null,"abstract":"The difficulties in balancing judicial independence and accountability, the importance of formal processes around the investigation of judicial conduct, and the need for clarity on the respective roles of the branches of government under the separation of powers were all issues that were highlighted by the recent controversy surrounding the conduct of a Supreme Court Judge in Ireland. This article considers the detail of the controversy, in the context of the Irish system governing judicial discipline and removal, analyses certain problems underlined by the episode, and finally reflects on lessons that may be helpful for any jurisdiction grappling with the complex issues involving judicial discipline and removal.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"24 - 42"},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46351904","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: 0
Friendly judicial challenges from the North: The decision of the Canada Supreme Court in Nevsun Resources Ltd v Araya 来自北方的友好司法挑战:加拿大最高法院对新能源有限公司诉阿拉亚公司一案的判决
Common law world review Pub Date : 2022-05-18 DOI: 10.1177/14737795211055781
W. Anderson
{"title":"Friendly judicial challenges from the North: The decision of the Canada Supreme Court in Nevsun Resources Ltd v Araya","authors":"W. Anderson","doi":"10.1177/14737795211055781","DOIUrl":"https://doi.org/10.1177/14737795211055781","url":null,"abstract":"The recent decision of the Supreme Court of Canada in Nevsun Resources Ltd v Araya and others (International Human Rights Program and others intervening) is worthy of the attention of the common law world. The case interrogated, albeit in relation to the preliminary issue of the striking out of a claim, significant aspects of the relationship between domestic law and customary international law. The doctrine of ‘act of state’ and the nature and extent of the incorporated norms of international law were examined in rich detail and the differing opinions by the Justices present important albeit conflicting guidance for their foreign counterparts. Other apex courts will have to make what they will of the Nevsun decision that it is possible that local corporations can be held liable in domestic law for breach of customary international norms in respect of their acts or those of their subsidiaries in foreign countries.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"3 - 11"},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43654342","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: 0
The duty to supply original title deeds: a case for reforming s.13A of the Conveyancing and Property Ordinance 提供原业权契据的责任：修订《物业转易及物业条例》第13A条的个案
Common law world review Pub Date : 2022-05-18 DOI: 10.1177/14737795211066938
H. Liu
{"title":"The duty to supply original title deeds: a case for reforming s.13A of the Conveyancing and Property Ordinance","authors":"H. Liu","doi":"10.1177/14737795211066938","DOIUrl":"https://doi.org/10.1177/14737795211066938","url":null,"abstract":"In Hong Kong, a transaction for the sale and purchase of land imposes a duty on the vendor to supply original title deeds upon completion. If this duty is breached, the purchaser would be entitled to refuse completion. Yet, much confusion has arisen over the precise requirements of this duty, given that it is thought to originate from two distinct sources: the common law, and s.13A of the Conveyancing and Property Ordinance (Cap.219). It is suggested that the current common law position is based on a misunderstanding of s.13A, and that the current statutory position under s.13A is not aligned with the normative rationale of the duty. As such, it is necessary to amend s.13A. When considering the substance of the amendment, the Hong Kong Legislative Council (“LegCo”) ought to ensure that the scope of the duty is aligned with its normative rationale, that the law is sufficiently certain, and that vendors who have relied on the current position would not be retrospectively prejudiced.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"61 - 82"},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46227132","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: 0
Legal controls of terms of insurance contracts in Nigeria: A comparative analysis 尼日利亚保险合同条款的法律控制：比较分析
Common law world review Pub Date : 2022-05-18 DOI: 10.1177/14737795211072305
Kehinde Anifalaje
{"title":"Legal controls of terms of insurance contracts in Nigeria: A comparative analysis","authors":"Kehinde Anifalaje","doi":"10.1177/14737795211072305","DOIUrl":"https://doi.org/10.1177/14737795211072305","url":null,"abstract":"Conditions and warranties, which are generally referred to as policy terms in insurance contracts, are crucial in the determination of the rights and obligations of the contracting parties. The article examines the enforcement of policy terms in insurance contracts at common law and the legislative measures that have been deployed in some common law countries, including Nigeria, the United Kingdom and Australia, to ensure fairness as well as to balance the inequality in the bargaining power of the contracting parties. In as much as the principle of freedom of contract will generally be honoured by the court, the paper argues that through legislative intervention in policy terms in these countries, the principle is being discountenanced with, in appropriate cases, in order to effectuate the just and reasonable expectation of the insured. It concludes by proffering suggestions to identified lacunae in the Nigerian Insurance law.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"109 - 141"},"PeriodicalIF":0.0,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47787832","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: 0
Restricting access to property: Citizens, owners, residents, and claims to property 限制对财产的获取:公民、所有者、居民和对财产的要求
Common law world review Pub Date : 2022-02-17 DOI: 10.1177/14737795211063502
Sarah E. Hamill
{"title":"Restricting access to property: Citizens, owners, residents, and claims to property","authors":"Sarah E. Hamill","doi":"10.1177/14737795211063502","DOIUrl":"https://doi.org/10.1177/14737795211063502","url":null,"abstract":"This article seeks to collate and compare the various restrictions on accessing residential property. These restrictions include those targeted at ownership, such as additional taxes for non-nationals or even outright bans on foreign ownership, as well as limits on who can use the property such as rights to rent or prohibition on vacation rentals. The article argues that these restrictions can tell us something about property law more broadly. In particular, these restrictions invoke a communal claim to otherwise private property. The article argues that the restrictions can be divided into those which target who can be owners and those which target the use of the property. The article concludes that the latter are to be preferred as the former are often discriminatory while doing do little to guarantee that residential property be used as residential property.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"43 - 60"},"PeriodicalIF":0.0,"publicationDate":"2022-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47968492","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: 0
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：604180095
Book学术官方微信