Criminalization of acid crimes and implementing the law in the South East Asian subcontinent

2013 ◽  
Vol 39 (4) ◽  
pp. 619-630
Author(s):  
Uma Bhushan Lohray
Keyword(s):  
2019 ◽  
Vol 31 (1) ◽  
pp. 81-120
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.


2008 ◽  
Vol 8 (3) ◽  
pp. 1850139 ◽  
Author(s):  
Joseph F. Francois ◽  
Ganeshan Wignaraja

The Asian countries are once again focused on options for large, comprehensive regional integration schemes. In this paper we explore the implications of such broad-based regional trade initiatives in Asia, highlighting the bridging of the East and South Asian economies. We place emphasis on the alternative prospects for insider and outsider countries. We work with a global general equilibrium model of the world economy, benchmarked to a projected 2017 sets of trade and production patterns. We also work with gravity-model based estimates of trade costs linked to infrastructure, and of barriers to trade in services. Taking these estimates, along with tariffs, into our CGE model, we examine regionally narrow and broad agreements, all centered on extending the reach of ASEAN to include free trade agreements with combinations of the northeast Asian economies (PRC, Japan, Korea) and also the South Asian economies. We focus on a stylized FTA that includes goods, services, and some aspects of trade cost reduction through trade facilitation and related infrastructure improvements. What matters most for East Asia is that China, Japan, and Korea be brought into any scheme for deeper regional integration. This matter alone drives most of the income and trade effects in the East Asia region across all of our scenarios. The inclusion of the South Asian economies in a broader regional agreement sees gains for the East Asian and South Asian economies. Most of the East Asian gains follow directly from Indian participation. The other South Asian players thus stand to benefit if India looks East and they are a part of the program, and to lose if they are not. Interestingly, we find that with the widest of agreements, the insiders benefit substantively in terms of trade and income while the aggregate impact on outside countries is negligible. Broadly speaking, a pan-Asian regional agreement would appear to cover enough countries, with a great enough diversity in production and incomes, to actually allow for regional gains without substantive third-country losses. However, realizing such potential requires overcoming a proven regional tendency to circumscribe trade concessions with rules of origin, NTBs, and exclusion lists. The more likely outcome, a spider web of bilateral agreements, carries with it the prospect of significant outsider costs (i.e. losses) both within and outside the region.


1998 ◽  
Vol 52 (2) ◽  
pp. 291-333
Author(s):  
H. H. Ng ◽  
P. K. L. Ng
Keyword(s):  

Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson

The article looks at three ways in which international law has affected government behavior in the South China Sea. It has exacerbated disputes. It has probably curtailed the use of force. And it has made it difficult to imagine solutions that violate the law of the sea.


2013 ◽  
Vol 111 ◽  
pp. 88-96 ◽  
Author(s):  
Xiang Su ◽  
Chuanlian Liu ◽  
Luc Beaufort ◽  
Jun Tian ◽  
Enqing Huang

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 266-272 ◽  
Author(s):  
Kate Parlett

It is not uncommon for decisions of international tribunals to be reported in the pages of the Washington Post or feature on the BBC News website. It is rather less common for awards to feature on the giant screens of New York’s Times Square. But less than two weeks after the Arbitral Tribuna lunder Annex VII to the United Nations Convention on the Law of the Sea issued its Awardin Philippines v.China, a three-minute video featuring China’s position was broadcast repeatedly on the screen better known forbroadcasting New Year’s Eve festivities than argumentation on the competence of international tribunals. The video asserted that China’s “indisputable sovereignty over [the South China Sea islands] has sufficient historic and legal basis” and that “the Arbitral Tribunalvainly attempted to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea.” It further stated that “China did not participate in the illegal South China Sea arbitration, nor accepts the Awardso as to defend the solemnity of international law.” This latter statement goes to the very heart of the Arbitral Tribunal’s jurisdiction under the 1982 United Nations Convention on the Law of the Sea (the Convention) and its competence to decide the case despite China’s nonparticipation in the proceedings.


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