The world commerce & contracting principles: Can Asia embrace them?

2021 ◽  
pp. 205556362110576
Author(s):  
Mia G. Gentugaya
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Business Culture ◽  
Risk Allocation ◽  
Collaborative Relationship ◽  
Doing Business ◽  
Multilateral Agreements ◽  
The World ◽  
First Time ◽  
Bahasa Indonesia

Negotiating a contract with Asian lawyers for the first time could be a baffling experience. Used to clarity on risk allocation and financial obligations, a Western lawyer is confronted with negotiations driven by consensus and contract provisions based on flexibility and good faith discussions. Musyawarah-mufakat (deliberation and consensus in Bahasa Indonesia) goes beyond ASEAN multilateral agreements and pervade doing business as well. Embracing the World CC Principles is a constructive step in Asian contract drafting: they are not alien in concept and have counterparts in domestic civil or common law. The ability to quickly agree on the provisions covered by the World CC Principles provides a sense of collaborative relationship — an essential aspect of doing business in Asia. But Asian lawyers have yet to be familiar with the World CC Principles, be willing to embrace them, and advocate the benefits of imbedding the World CC Principles in their business culture.

A new chapter in the law of sexual harassment in Malaysia: The emergence of the torts of harassment and sexual harassment

2019 ◽  
Vol 48 (4) ◽  
pp. 191-207
Author(s):  
Abdul Majid ◽  
Sri Yogamalar ◽  
Audrey Kim Lan Siah ◽  
Jane L Y Terpstra-Tong ◽  
Luc Borrowman
Keyword(s):  
Sexual Harassment ◽  
Common Law ◽  
Federal Court ◽  
The World ◽  
The Common ◽  
Per Se ◽  
The Law ◽  
First Time

In a landmark case in 2016, Malaysia’s apex court, the Federal Court, explicitly recognised for the first time, the common law tort of sexual harassment. Actually, the Federal Court did more than that; its recognition of the common law tort of sexual harassment is built on its recognising the common law tort of harassment. The recognition of the tort of harassment has escaped notice because attention has been concentrated on the tort of sexual harassment. This article analyses the Federal Court’s exposition of the tort of sexual harassment to reveal that the exegesis itself acknowledges the existence of the tort of harassment per se. The tort of harassment that the Federal Court sent out into the world is largely a creature of its English common law ancestry.

scholarly journals Reform of civil procedure in Cyprus: Delivering justice in a more efficient and timely way

2020 ◽  
Vol 49 (2) ◽  
pp. 99-130
Author(s):  
Nicholas Mouttotos
Keyword(s):  
Financial Crisis ◽  
European Commission ◽  
Common Law ◽  
Civil Procedure ◽  
Legal Scholar ◽  
Adversarial System ◽  
Doing Business ◽  
Administration Of Justice ◽  
The World

Dissatisfaction with the administration of justice is as old as law proclaimed the distinguished American legal scholar Roscoe Pound in 1906. The system of administration of justice has been under considerable scrutiny in Cyprus following the excessive delays in resolving disputes that are highlighted in reports such as the European Union’s Justice Scoreboard, the World Bank’s Doing Business Reports as well as European Commission papers on Cyprus, urging authorities to modernize the system in order to be able to meet the demands following the financial crisis. For this reason, various experts have been assigned with the task of identifying the problems and coming up with proposals and solutions. The discussions, though, are not new as similar problems have been presented in common law jurisdictions, in particular, but they have been tackled decades ago, with the adoption of reforms that moved the adversarial system of justice closer to civilian stereotypes.

SEROPREVALENCE OF HIV AND HBsAg AMONGST BLOOD DONORS IN A TERTIARY CARE HOSPITAL, CHHATTISGARH.

2019 ◽  
Vol 3 (8) ◽  
Author(s):  
Anusha P ◽  
Bankar Nandkishor J ◽  
Karan Jain ◽  
Ramdas Brahmane ◽  
Dhrubha Hari Chandi
Keyword(s):  
Hepatitis B ◽  
Blood Donors ◽  
Hepatitis B Surface Antigen ◽  
Tertiary Care ◽  
Laboratory Diagnosis ◽  
Blood Bank ◽  
Care Hospital ◽  
Medical College ◽  
The World ◽  
First Time

INTRODUCTION: India being the second highly populated nation in the world. HIV/AIDS has acquired pandemic proportion in the world. Estimate by WHO for current infection rate in Asia. India has the third largest HIV epidemic in the world. HIV prevalence in the age group 15-49 yrs was an estimate of 0.2%. India has been classified as an intermediate in the Hepatitis B Virus (HBV) endemic (HBsAg carriage 2-7%) zone with the second largest global pool of chronic HBV infections. Safety assessment of the blood supply, the quality of screening measures and the risk of transfusion transmitted infectious diseases (TTIs) in any country can be estimated by scrutinizing the files of blood donors. After the introduction of the blood banks and improved storage facilities, it became more extensively used. Blood is one of the major sources of TTIs like hepatitis B, hepatitis C, HIV, syphilis, and many other blood borne diseases. Disclosure of these threats brought a dramatic change in attitude of physicians and patients about blood transfusion. The objective of this study is to determine the seroprevalence of transfusion transmitted infections amidst voluntary blood donors at a rural tertiary healthcare teaching hospital in Chhattisgarh. MATERIAL AND METHODS: This retrospective study was carried out in Chandulal Chandrakar Memorial Medical College, Kachandur, Durg. Blood donors were volunteers, or and commercial donors who donated the blood and paid by patients, their families, or friends to replace blood used or expected to be used for patients from the blood bank of the hospital. After proper donation of blood routine screening of blood was carried out according to standard protocol. Laboratory diagnosis of HIV 1 and HIV 2 was carried out by ELISA test. Hepatitis B surface antigen was screened by using ELISA. RESULTS: A total of 1915 consecutive blood donors’ sera were screened at Chandulal Chandrakar Memorial Medical College, blood bank during study period. Of these 1914 were male and 1 female. The mean age of patients was found to be 29.34 years with standard deviation (SD) of 11.65 Years. Among all blood donors in present study, 759(39.63%) were first time donors and 1156(60.37%) were repeated donors. 1 patient was HIV positive in first donation group while 3 (75%) were positive in repeat donation group. 7 (38.9%) were HBsAg positive in in first donation group while 11(61.1%) were positive in repeat donation group. Two patients in first donation group had dual infection of HIV and HBsAg. CONCLUSION: Seropositivity was high in repeated donors as compared to first time donors. The incidence of HIV is observed to be 0.2% and that of HBsAg is 0.94%. Strict selection of blood donors should be done to avoid transfusion-transmissible infections during the window period.

First report of Rinamba opacicollis Cameron (Hymenoptera: Braconidae, Doryctinae) in India as parasitoid of coffee stem borer, Xylotrechus quadripes (Chevrolat) (Coleoptera: Cerambycidae)

ENTOMON ◽  
2020 ◽  
Vol 44 (4) ◽  
pp. 311-314
Author(s):  
A. Roobakkumar ◽  
H.G. Seetharama ◽  
P. Krishna Reddy ◽  
M.S. Uma ◽  
A. P. Ranjith
Keyword(s):  
Integrated Control ◽  
Host Record ◽  
Stem Borer ◽  
Arabica Coffee ◽  
First Report ◽  
The World ◽  
First Time

Rinamba opacicollis Cameron (Hymenoptera: Braconidae) was collected from Chikkamagaluru, Karnataka, India for the first time from the larvae of white stem borer, Xylotrechus quadripes Chevrolat infesting arabica coffee. Its role in the biological or integrated control of X. quadripes remains to be evaluated. White stem borer could be the first host record of this parasitoid all over the world.

PERSPECTIVE DEVELOPMENT OF WORLD PRODUCTION OF FEEDS FOR AQUACULTURE: ALTERNATIVE SOURCES OF RAW MATERIALS

2017 ◽  
pp. 67-78
Author(s):  
Lina Yurievna Lagutkina
Keyword(s):  
Raw Materials ◽  
Limiting Factors ◽  
Current Status ◽  
Feed Production ◽  
The World ◽  
Market Trends ◽  
Alternative Sources ◽  
World Industry ◽  
First Time ◽  
A Current

The author of the article discloses the prospects of development of the world feed production for aquaculture based on the analysis of key innovative technological and market trends. The author specifies that shortage, high cost, low ecological compatibility of traditional raw materials - fish flour - are among major limiting factors in the development of production of feeds for aquaculture. This fact, in turn, limits sustainable development of aquaculture both in Russia, and in the world in general. The article presents the overview of a current status of the world industry of feed production in aquaculture, where the regional situation is studied, as well. For the first time, there is given the outlook of innovative technologies in feed production based on the alternative sources of protein (on the example of projects of leading aquabiotechnological companies) which will determine industry’s objectives for the mid-term perspective.

History Turmoil And Politico-Cultural Conditions of the Sub-Continental Men In Salman Rushdie’s Midnight’s Children

2015 ◽  
Vol 2 (2) ◽  
pp. 26-28
Author(s):  
Gunasekaran N ◽  
Bhuvaneshwari S
Keyword(s):  
Middle Class ◽  
Salman Rushdie ◽  
Fiction Writing ◽  
Pluralistic Society ◽  
Post Colonial ◽  
Cultural Conditions ◽  
The World ◽  
Midnight's Children ◽  
First Time

Salman Rushdie remains a major Indian writer in English. His birth coincides with the birth of a new modern nation on August 15, 1947. He has been justly labelled by the critics as a post-colonial writer who knows his trade well. His second novel Midnight’s Children was published in 1981 and it raised a storm in the hitherto middle class world of fiction writing both in English and in vernaculars. Rushdie for the first time burst into the world of fiction with subversive themes like impurity, illegitimacy, plurality and hybridity. He understands that a civilization called India may be profitably understood as a dream, a collage of many colours, a blending of cultures and nationalities, a pluralistic society and in no way unitary.

Sphagnum mosses (Sphagnaceae, Bryophyta) of South Ossetia (Caucasus)

2017 ◽  
Vol 51 ◽  
pp. 232-241 ◽  
Author(s):  
G. Ya. Doroshina ◽  
E. Yu. Kuzmina ◽  
I. A. Nikolajev
Keyword(s):  
The South ◽  
The Caucasus ◽  
South Ossetia ◽  
Sphagnum Mosses ◽  
Botanical Institute ◽  
Ecological Conditions ◽  
Komarov Botanical Institute ◽  
The World ◽  
First Time

Information on the Sphagnum mosses of the South Ossetia is generalized, the resulted list is presented. Nine species of Sphagnum are included in the list, whereabouts data and references to the publications are given, and the presence of a sample in the Herbarium of the Komarov Botanical Institute RAS (LE) is noted. The species Sphagnum platyphyllum (Lindb. ex Braithw.) Warnst. rarely occurring in the Caucasus is reported in the South Ossetia for the first time. The species was found in the Caucasus, South Ossetia, at the side of the Ertso Lake (42°28ʹN, 43°45ʹE), 1720 m a. s. l., among sedge thickets at the margin of the overgrowing lake. The peculiarities of its occurrence and ecological conditions are considered. Its distribution in the Caucasus and in the world is discussed.

Contract Formation in Hong Kong

2018 ◽  
Author(s):  
Lusina HO
Keyword(s):  
Hong Kong ◽  
Social Context ◽  
Common Law ◽  
General Rule ◽  
Good Faith ◽  
Local Context ◽  
General Duty ◽  
Contract Formation ◽  
Formal Requirement ◽  
The Law

This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation.

Montaigne on Truth and Skepticism

2015 ◽  
Author(s):  
Jan Miernowski
Keyword(s):  
Good Faith ◽  
Negative Theology ◽  
The World ◽  
Pyrrhonian Skepticism

The incipit of the Essays presents it as a book of good faith. The truthfulness of this claim has traditionally been seriously called into question given how extensively ironic and deeply self-contradictory Montaigne’s text is. In this article I argue that Montaigne’s opening statement about good faith should not be understood as the author’s claim, but rather as a dramatic call addressed to the reader. According to Montaigne, truth is beyond our reach since we deal only with our own “phantasies” about God, the world, and ourselves. Most notably, Montaigne’s Pyrrhonian skepticism, ontologically framed by Cusanus’s negative theology, is also merely a “phantasy.” The solution to such radical epistemological negativity is neither the indefinite irresolution of Montaigne’s discourse nor his resignation to the spontaneous flow of life. The solution may only come from the reader who is asked to trust in a book intended as a “dissimilar sign” of truth.

Fiduciary Principles in Contemporary Common Law Systems

2019 ◽  
pp. 564-582
Author(s):  
Matthew Conaglen
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Standards Of Care ◽  
Duty Of Care ◽  
Fiduciary Duties ◽  
Similarities And Differences ◽  
Fiduciary Relationships

This chapter examines the principles of fiduciary doctrine that are found in contemporary common law systems. More specifically, it considers the current similarities and differences between various jurisdictions such as England, Australia, Canada, and the United States. The similarities focus on the duties of loyalty, care and skill, and good faith, as well as when fiduciary duties arise and the kinds of interests that are protected by recognition of fiduciary relationships. The chapter also discusses the issue of differences between various jurisdictions with regard to the duty of care and skill before concluding with an analysis of differences between remedies that are made available in the various contemporary common law jurisdictions when a breach of fiduciary duty arises. It shows that the regulation of fiduciaries appears to be reasonably consistent across common law jurisdictions and across various types of actors, even as such actors are expected to meet differing standards of care. Statute plays a key role in the regulation of various kinds of fiduciary actors, especially corporate directors.

Sign in / Sign up

Export Citation Format

Share Document