The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court

2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

Author(s):  
M. M. Dzera ◽  
R. Y. Pasichnyy ◽  
A. M. Ostapchuk

The place and international position of Lebanon in the world political arena today is changing and transforming under the influence of globalization. Thus, this is not deprive, but changes the vector on the international arena and does not exclude the already acquired conservative character. Prime Minister Tamam Salam, who is the executive of the President of the Republic of Lebanon, is reforming and liberalizing the law and changing the vector of foreign policy. He doing this without leaving the traditions and religious views, also without rejecting the conservative nature of foreign and domestic policies. Although Lebanon is part of the League of Arab States, which is accused of non-democracies, it has a democratic regime for a long time. Balancing the policy of the Lebanese Republic between conservatism, traditionalism, democracy and liberalization makes Lebanon a great country for analysis, since it provides an opportunity to reflect the coexistence of democracy with the stereotyped vision of the “Islamic world”.


2014 ◽  
Vol 16 (6) ◽  
pp. 411-420
Author(s):  
Tim Spencer-Lane

Purpose – The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals. Design/methodology/approach – To summarise the key recommendations that are relevant to adult safeguarding. Findings – The final report concludes that new legislation is needed to govern the UK regulators of health and social care professionals. Originality/value – The paper sets out the recommended new legal framework.


Significance The Law has received much negative publicity internationally for its broad definition of national security, which implies wide latitude for authorities at all levels to intervene in economic, social and cultural activities in the name of national security. The Law's passage indicates growing conservatism that will have negative consequences for business and for economic reforms of the sort Western governments and businesses want. Impacts The Law is a new source of tension with the United States and China's neighbours. Public expression will be further restricted and there will be less room for independent actors. Draft legislation on foreign investment, internet security and foreign NGOs will reinforce the conservative agenda. Even companies that face no legal barriers may face indirect discrimination.


2020 ◽  
Vol 34 (4) ◽  
pp. 283-294
Author(s):  
Mirsada Serdarevic ◽  
Vicki Osborne ◽  
Amy Elliott ◽  
Catherine W Striley ◽  
Linda B Cottler

PurposeThis study examined how youth would mitigate non-medical use of prescription medication among their peers.Design/methodology/approachThe National Monitoring of Adolescent Prescription Stimulants Study (N-MAPSS) was conducted as an interview comprising 11,048 youth of 10–18 years of age between 2008 and 2011 from entertainment venues of 10 US urban, suburban, and rural areas. Using a mixed-methods approach, participants completed a survey culminating in open-ended questions asking: (1) How should kids your age be informed about prescription drugs and their effects? (2) If you ran the world, how would you stop kids from taking other people’s prescription medicines? (3) Why do people use prescription stimulants without a prescription? Responses from a random sample of 900 children were analyzed using qualitative thematic analyses.FindingsThe random sample of 900 youth (52 percent female, 40 percent white, with a mean age of 15.1 years) believed they should be educated about prescription drugs and their negative effects at schools, at home by parents, through the media, and health professionals. Youth would stop kids from using other people’s prescription drugs through more stringent laws that restricted use, and providing education about negative consequences of use. Peer pressure was the most common reason the youth gave for using other’s pills, though some reported taking them out of curiosity.Originality/valueThe importance of considering youth’s opinions on non-medical use of prescription medications is often overlooked. This evidence, from a peer perspective, could end the illicit use of prescription drugs among today’s youth.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Louis De Koker ◽  
Thu Thi Hoai Tran

Purpose The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on money laundering and terrorist financing, set by the Financial Action Task Force and relevant international conventions that Vietnam ratified. To limit the scope of this paper, the analysis focuses on the confiscation of proceeds of domestic crimes that do not require international legal assistance. This paper concludes with recommendations for improving the legal framework on criminal asset recovery in Vietnam. Design/methodology/approach This is a doctrinal study that considers the applicable legal framework. This study is supported by brief case studies of major cases involving the confiscation of proceeds of crime. Findings Vietnam has a functioning asset confiscation regime but gaps in the law, lack of financial investigation expertise and lack of focused investigative attention on asset preservation and confiscation are hampering its effectiveness. The key gaps can easily be closed with appropriate amendments to the law. These reforms should be combined with a dedicated skills development program to produce sufficient number of financial investigation experts and criminal asset management experts to support the regime. The training should extend to judicial officers to ensure an appropriate understanding of the asset confiscation law. Reforms such as these should follow on a comprehensive review of Vietnam’s law and practices relating to the confiscation and forfeiture of criminal assets. This review should extend to assets linked to the financing of terrorism and proliferation to ensure that Vietnam has a comprehensive regime to deal with criminal assets. Research limitations/implications This paper draws on publicly available information regarding the confiscation of proceeds of crime in Vietnam. Little data is available on asset confiscation and that prevents an in-depth assessment of the regime. Originality/value This paper highlights gaps in the current asset confiscation regime and proposes reforms and approaches that will ensure a more effective asset confiscation regime for Vietnam.


2017 ◽  
Vol 59 (2) ◽  
pp. 202-216 ◽  
Author(s):  
Graeme Lockwood ◽  
Claire Henderson ◽  
Stephen Stansfeld

Purpose This study aims to examine workplace stress in a random sample of litigated cases heard in UK courts. The majority of claims related to clinical depression. The alleged causes of workplace stress most commonly cited in the litigation included excessive workload, followed by poor management practices; organisational, economic or technical changes; aggressive management style; and bullying by co-workers. Design/methodology/approach The term claimant is used to refer to the worker who made the original complaint of workplace stress, and the term defendant refers to the employing organisation defending the claim. In an attempt to establish the number and type of claims brought forward, the population of individual case records relating to workplace stress was accessed electronically from a variety of legal databases. Findings The presence of effective workplace stress management policies were important interventions that played a particularly significant role in avoiding legal action and reducing employees’ detrimental experiences. A significant finding was that 94 per cent of the cases were found in favour of the employer as the defendant, and the implications of this for managerial practice are suggested. This analysis of 75 cases between 1992-2014 will shed valuable light on the nature of workplace stress claims heard in the courts and the likelihood of the claimant employee’s success in such cases. Research limitations/implications Further work could be undertaken to examine the extent to which the legal framework could be regarded as encouraging a compensation culture and placing excessive burdens on employing organisations. This paper assesses the scope of liability for workplace stress through an analysis of some of the legal claims made and evaluates whether these sorts of fears are justified. Practical implications These court cases are real scenarios in which various organisations faced civil action arising from workplace stress claims. The main contribution that this research makes to the existing body of literature on the subject is to discern the different contexts that led to litigation in these cases. Social implications Researchers have reported on the negative consequences associated with workplace stress, both for individuals and organisations (Cooper and Marshall, 1976). It has been recognised that employers have a duty, which is in many cases enforceable by law, to ensure that employees do not become ill (Michie, 2002). The aim of this paper is to analyse the legal record on litigation since 1992 and discuss how the findings inform the wider literature. Originality/value Workplace stress claims have been described as the “next growth area” in claims for psychiatric illness (Mullany and Handford, 1997; Elvin, 2008; Horsey and Rackley, 2009). Hugh Collins stated “owing to the limitations of the statutory compensatory scheme in the UK […] private law has been used to expand the range of protection against illness […] in the workplace” (Collins, 2003). To understand how court decisions are changing, the development of this body of law needs to be traced (Ivancevich et al., 1985).


2019 ◽  
Author(s):  
Anthony Ikechukwu Ezeogamba

Remorse, forgiveness and reconciliation are three most inevitable and essential steps to peace. There can be no peace without remorse, forgiveness and reconciliation. The offender must be remorseful so as to elicit forgiveness in the offended and for reconciliation to exist between them. An offender must not pretend as if nothing happened. He must make the offended to drop his anger and release him, hence, peace and ability to make sacrifices that could be acceptable to God. Jesus did not come to abolish the Law or the Prophets, instead, he came to fulfill them (Matt 5:17). What Jesus actually meant by this fulfillment is the observance of the Spirit of the Law and not just the mere observance of the letters of the Law. One of the Laws that makes up the Decalogue says, "you shall not kill!" (Matt 5:21). Jesus expounded this Law to mean more than killing somebody physically. It involves also anything that might lead to some one's death either directly or indirectly. Such indirect killings include angry behaviour, and indeed any form of altercation. To emphasize this point he restrained his followers from worships/sacrifices when they are not at peace with their neighbours (Matt 5:21-26). The purpose of this article is to establish that sacrifices and offerings or worships done without reconciliation is hypocritical and God abhors such. The implication is that many of our worships are not acceptable to God because of lack of reconciliation or harmony between worshippers. The method to employ here is Library research which includes exegesis of Matt 5:21-26 from which we shall draw inference. This article argues that if the content of Matt 5:21-26 is properly understood and practiced by present day Christians in the world ; reconciliation and by implication peace would be easily achieved in the whole world. Then, majority of our sacrifices will be validly and adequately made through our conscious efforts. This article is relevant to every member of every Christian community because many of the present day Christians are not in harmony with one another yet they make sacrifices to God every Sunday and indeed every day. This is to the extent that majority of worshippers harbour anger for a very long time yet they make sacrifices (Eph 4:26-27). Hence majority will make amend .


Subject China's new National Intelligence Law. Significance The National Intelligence Law was promulgated in June after a legislative progress that was expedited and that was secretive even by Chinese standards. It took effect immediately. Impacts The need for Chinese firms to give cover to intelligence officers will fuel fears overseas that Chinese firms threaten national security. The law is partly a catch-up move which will consolidate existing practices and structures that other countries built decades ago. Beijing's unconcealed paranoia about foreign infiltration will undermine its efforts to convince the world that its intentions are benign.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Samet Caliskan ◽  
Pereowei Subai

Purpose The purpose of this paper is to argue that the disqualification of directors, coupled with other liabilities to which they may be subjected, particularly in insolvency, should be sufficient to deter wrongdoing, because of the impact they tend to have on their personal and professional lives. It, however, argues that the “deterrence” effect would be dependent on the existence of other factors such as the efficient application of the law, publicity and post-disqualification monitoring. Design/methodology/approach Using the UK as its primary case study, while also making reference to Nigeria and Turkey, this paper will show that while the existence of disqualification as a sanction exists in the first two countries, it is virtually absent from Turkey. And that while directors’ disqualification provisions are routinely applied in the UK, they are hardly invoked in Nigeria, except perhaps with respect to listed companies, due perhaps to a lack of awareness of its existence or potency. Findings This paper will conclude by making a case for a stronger application of the law, as it relates to directors’ disqualification in the UK, call for an elaboration of the legal framework in Nigeria as well as the need for a public awareness of its provisions and potential impact and contend that Turkey should put in place a legal framework for directors’ disqualification patterned also after the UK framework. Originality/value The uniqueness of this paper stems from its tri-country focus. In that respect, the UK, which is a more advanced economy, with a robust and dynamic company law regime, is used as the primary case study, whereas at the same time, developments in Nigeria, particularly with that country’s capital market, will be extracted and compared with the UK framework. Turkey, on the contrary, has been chosen as a case study mainly because it has no directors’ disqualification mechanism in its legal system. Comparing directors’ disqualification in one developing country, Nigeria, and a developed country, the UK and determining their upsides and downsides will be beneficial to Turkey in respect to establishing a deterrent effective disqualification mechanism on directors.


2014 ◽  
Vol 22 (1) ◽  
pp. 31-41 ◽  
Author(s):  
Meiko Lin ◽  
Erin Bumgarner ◽  
Madhabi Chatterji

Purpose – This policy brief, the third in the AERI-NEPC eBrief series “Understanding validity issues around the world”, discusses validity issues surrounding International Large Scale Assessment (ILSA) programs. ILSA programs, such as the well-known Programme of International Student Assessment (PISA) and the Trends in International Mathematics and Science Study (TIMSS), are rapidly expanding around the world today. In this eBrief, the authors examine what “validity” means when applied to published results and reports of programs like the PISA. Design/methodology/approach – This policy brief is based on a synthesis of conference proceedings and review of selected pieces of extant literature. It begins by summarizing perspectives of an invited expert panel on the topic. To that synthesis, the authors add their own analysis of key issues. They conclude by offering recommendations for test developers and test users. Findings – ILSA programs and tests, while offering valuable information, should be read and used cautiously and in context. All parties need to be on the same page to maximize valid use of ILSA results, to obtain the greatest educational and social benefits, and to minimize negative consequences. The authors propose several recommendations for test makers and ILSA program leaders, and ILSA users. To ILSA leaders and researchers: provide more cautionary information about how to correctly interpret the ILSA results, particularly country rankings, given contextual differences among nations. Provide continuing psychometric or research resources so as to address or reduce various sources of error in reports. Encourage policy makers in different nations to share the responsibility for ensuring more contextualized (and valid) interpretations of ILSA reports and subsequent policy development. Raise awareness among policy makers to look beyond simple rankings and pay more attention to inter-country differences. For consumers of ILSA results and reports: read the fine print, not just the country rankings, to interpret ILSA results correctly in particular regions/nations. When looking to high-ranking countries as role models, be sure to consider the “whole picture”. Use ILSA data as complements to other national- and state-level educational assessments to better gauge the status of the country's education system and subsequent policy directions. Originality/value – By translating complex information on validity issues with all concerned ILSA stakeholders in mind, this policy brief will improve uses and applications of ILSA information in national and regional policy contexts.


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