Armed Forces, Industrial Disputes and The Law in Great Britain

Author(s):  
Christopher J. Whelan
2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.


1969 ◽  
Vol 1 (3) ◽  
pp. 235-245 ◽  
Author(s):  
C. B. Goodhart

Figures published in the Hospital In-Patient Enquiry (1967), and also for a population of known size in Aberdeen, confirm a previous conclusion, derived primarily from mortality statistics, that currently accepted estimates of 100,000 illegal abortions in Great Britain each year before the Abortion Act 1967 came into operation are much exaggerated. A National Opinion Polls estimate of 31,000 is also regarded as too high, and the Aberdeen data suggest that the true figure probably did not exceed 20,000. It is important to arrive at an accurate estimate for the proper assessment of the demographic and other effects of the change in the law. The Registrar General's figures for legal terminations during the first months' operation of the Act are discussed in a postscript.


Author(s):  
David Feldman

This chapter examines the changes in civil liberties in Great Britain during the twentieth century. It suggests that, for those 100 years, the law and practice of civil liberties have pulled in many directions at the same time. The doctrine of parliamentary supremacy gave Parliament the opportunity either to extend effective protection for rights or to interfere with them more extensively, and some rights, such as those derived from the idea of equality, have been advanced by Parliament.


Author(s):  
Gabriela A. Frei

Chapter 3 explores how Great Britain applied and implemented its neutrality policy after 1870, building a coherent state practice based on its Foreign Enlistment Act. Several case studies from various conflicts after 1870 highlight the main areas of dispute between neutral Great Britain and belligerent powers, dealing with the sale of ships, coaling, contraband, and the destruction of ships. More broadly, the chapter shows the challenges which Great Britain faced in the application of its domestic legislation. It shows the important role of the Foreign Office and the Law Officers of the Crown in dealing with these matters, and how they shaped the understanding of neutrality more generally.


1966 ◽  
Vol 92 (3) ◽  
pp. 211-252
Author(s):  
J. H. Kitton ◽  
J. M. Beattie

The merger, a few years ago, of two large composite insurance company Groups brought together under one ultimate control three substantial life assurance funds each fully operative and transacting all types of ordinary life assurance and annuity business. Those three funds have now been fused together by the legal transfer of the life businesses of two of the companies in the Group to the parent company and, as this fusion seems to be the first of its kind which has been undertaken for many years, and certainly the first of such size in the life assurance history of Great Britain, it has been suggested that the operation is of sufficient interest to actuaries generally as to warrant the submission of a paper to a sessional meeting. We are, however, conscious of the fact that, whilst the operation may have added to our history as a practical application of the law and some of our principles, it has not added either to previous knowledge or to our technique. The law governing the operation has remained virtually unchanged since the comprehensive review of life company amalgamations by the late K. J. Britt in the paper he submitted to the Institute in April 1931 (J.I.A. 62, 276) and probably the whole of the technical aspects involved have been expounded by Redington in the masterful review of the principles of life office valuations which he submitted in April 1952 (J.I.A. 78, 286).


TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.


1999 ◽  
Vol 48 (4) ◽  
pp. 921-936 ◽  
Author(s):  
Nelson E. Enonchong

It is generally accepted that, in actions in personam, the foundation of the court's jurisdiction at common law is the service of process.1 To this extent the rules as to service define the limits of the court's jurisdiction. So, for a claimant to establish the jurisdiction of the English court over an overseas company2 he must be able to serve process on the company in accordance with the rules of service. The general rule is that an overseas company, like an individual, may be served with process in England if present within the jurisdiction.3 However, since a company is only a legal (not natural) person, it cannot be present in the same way as an individual. It has therefore been necessary for special rules to be laid down by which it can be determined whether or not an overseas company is present in England and therefore may be served with process here. Before 1992 those rules were contained in sections 691 and 695 of the Companies Act 19854 (the pre-1992 regime). However, in 1992 the law was amended and a separate provision was laid down in section 694A of the Companies Act 1985 to regulate the service of process on any overseas company with a branch in Great Britain (the 1992 regime).


1942 ◽  
Vol 36 (4) ◽  
pp. 539-567 ◽  
Author(s):  
Archibald King

There are at present armed forces of the United States in England, Northern Ireland, Egypt, Australia, New Zealand, New Guinea, China, India, Iceland, in British possessions in the Western Hemisphere from Newfoundland to British Guiana, and in other friendly countries. There are troops of Great Britain or her dominions in Egypt, Iraq, Iran, and a few of them in the United States. English forces were a few months ago in Greece, and ours in the Dutch East Indies and Burma. There are troops of various exiled governments in England. The armed forces of Germany are in Italy, Libya, Hungary, and Rumania; and those of Japan in French Indo-China and Thailand. In every case mentioned, the visiting forces are in the foreign country by invitation, or at least with the consent, of its sovereign or government.


The purport of this letter is to follow the consequences of the law of Ohm, and the expressions which result from it, relative to the electromotive force, and to the resistances in the course of a voltaic circuit; to apply this theory to the verification of the conclusions which the author had formerly deduced from his experiments; and to suggest additional experiments tending to remove some obsculities and ambiguities which existed in his former communications. In following out these principles, the author is led to offer various practical remarks on the different forms of voltaic batteries which have been proposed with a view either to the advancement of our theoretical knowledge of the science, or to the service of the arts. The author enters more particularly into an explanation of the principles on which the cylindric arrangement of the battery he has introduced is founded, which appear to him to have been greatly misunderstood. The formulæ and the calculations which form the body of this paper are not of a nature to admit of being reported in the present abstract.


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