Lack of consideration of appeals leads to voluntary agreement

2018 ◽  
Vol 19 (3) ◽  
pp. 11-11
Keyword(s):  

Formidable legal and administrative complexities arise from conflicting claims to jurisdiction and the continued absence of generally recognized sovereignty over much of the region. Existing conservation measures fall into three groups: elaborate laws made by governments claiming Antarctic territories, more restricted laws, and simple instructions for particular expeditions. The Antarctic Treaty, 1959, made it possible to begin coordinating all these separate instruments. No claimed jurisdiction has been surrendered or recognized: each government has started to harmonize its own control measures with the ‘Agreed Measures for the Conservation of Antarctic Fauna and Flora’, 1964. This scheme applied only to land areas and has since been evolving in the light of experience. Although not yet formally approved by all the governments concerned, it is working effectively by voluntary agreement. Different approaches are necessary for conservation of Southern Ocean resources, especially krill. A start has been made with the ‘ Convention for the Conservation of Antarctic Seals’, 1972. There are many outstanding problems: all require effective cooperation between scientific and legal advisers, diplomats and politicians. Mention is made of recent British conservation legislation for South Georgia, the Falkland Islands and the Tristan da Cunha group. Some of the next steps are outlined.



Author(s):  
Carlos M. Gómez ◽  
Gonzalo Delacámara ◽  
C. Dionisio Pérez-Blanco ◽  
Marta Rodríguez


Author(s):  
Margaret Jane Radin

This book examines standardized form contracts, also known as boilerplate. In the past, “contract” was interpreted as a bargained-for exchange transaction between two parties who each consent to the exchange. Bargained-for exchange represents contract in a world of voluntary agreement—World A (for Agreement). Standardized form contracts, on the other hand, belong to World B (for Boilerplate). World B doesn't fit the theory, the rationale, of contract law. This book explores judicial oversight of boilerplate through the legal doctrines of unconscionability and voidness as against public policy, among others. It also considers the problem of boilerplate rights deletion schemes as well as attempts to bring such schemes under the aegis of traditional contract theories. This chapter provides an overview of worlds A and B as well as varieties of World B contracts, boilerplate as a method of contract formation, and two problems arising from boilerplate: normative degradation and democratic degradation.



BMJ ◽  
2002 ◽  
Vol 324 (7346) ◽  
pp. 1114-1114
Author(s):  
R. Watson
Keyword(s):  


1996 ◽  
Vol 55 (4) ◽  
pp. 382-388 ◽  
Author(s):  
Wendy Robertson ◽  
Pam Archer ◽  
Wendy Jeffreys ◽  
David Parfitt ◽  
Neil Field


Author(s):  
Lucinda Vandervort

This article proposes a rigorous method to map the law on to the facts in the legal analysis of sexual consent using a series of mandatory questions of law designed to eliminate the legal errors often made by decision makers who routinely rely on personal beliefs about and attitudes toward “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well—acquaintances, supervisors or coworkers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges to truncate legal analysis of the facts and leap to erroneous conclusions about consent. Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of prejudgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and to produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used.



1993 ◽  
Vol 2 (3) ◽  
pp. 209-214 ◽  
Author(s):  
J. S. Mindell


1987 ◽  
Vol 2 (3) ◽  
pp. 207-214 ◽  
Author(s):  
Amanda Amos ◽  
Graham Robertson ◽  
Alison Hillhouse


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