Marine pilotage in Namibia

2021 ◽  
Vol 2021 ◽  
pp. 147-173
Author(s):  
Abisai Konstantinus
Keyword(s):  
Best Practices ◽  
Case Law ◽  
International Standards ◽  
Vicarious Liability ◽  
Regional Logistics ◽  
Pilot Error ◽  
Strategic Goal

As Namibia implements the strategy of expanding its ports to achieve the strategic goal of becoming the regional logistics hub of choice, a clear and urgent need exists to upskill pilots. To that end, this article examines the Namibian law on pilotage in three areas: (i) the master– pilot relationship; (ii) the vicarious liability for pilot error; and (iii) the standards of training and certification of pilots. It does so having regard to case law, best practices of leading maritime nations and international standards. The article ends by recommending the urgent revision of the primary legislation and the regulations that govern the Namibian Ports Authority.

Defining money laundering under Malawian law: a critical appraisal for compliance with international standards

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lewis Chezan Bande
Keyword(s):  
Best Practices ◽  
Money Laundering ◽  
Case Law ◽  
International Standards ◽  
Content Type ◽  
Transnational Organized Crime ◽  
Legal Definition ◽  
Actus Reus ◽  
Definition Of ◽  
Constituent Elements

Purpose The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition meets international standards and best practices on legal definition of money laundering, particularly as contained in the United Nations Convention against Transnational Organized Crime (UNCATOC). Design/methodology/approach The paper is a doctrinal analysis of the legal definition of the offence of money laundering under Malawian law. It examines the constituent elements of the offence based on the traditional conception of a criminal offence as constituting the prohibited conduct (or actus reus) and the mental element (or mens rea). The paper comparatively evaluates the offence vis-à-vis international standards and best practices, particularly as contained in the UNCATOC. Findings The paper concludes that the definition is compliant with international standards and best practices. Research limitations/implications The paper is based on the statutory definition of the offence, but was unable to examine how the offence is interpreted and applied in concrete cases by Malawian courts. The reason is the lack of any case law through which courts have interpreted and applied the offence. Practical implications The paper provides the template for future interpretation and application of the offence by courts in the future. Social implications Enhancing the clarity and certainty in the law on money laundering in Malawi. Originality/value The paper is an elucidation of a statutory provision that was recently adopted in Malawi and for which there is no authoritative clarification. The paper, therefore, makes an invaluable contribution to the fight against money laundering in Malawi by being a guide to law enforcers, lawyers, courts and policy/legislative makers.

Banking reform in China: International standards and Chinese specifics

2008 ◽  
Vol 58 (4) ◽  
pp. 403-426
Author(s):  
Z. Kudrna
Keyword(s):  
Best Practices ◽  
Development Policy ◽  
Institutional Reform ◽  
International Standards ◽  
State Control ◽  
Banking Reform ◽  
Reform Strategy ◽  
Regulatory Frameworks ◽  
Bank Governance ◽  
Credit Boom

This paper reviews the progress of banking reforms in China. Since 2002, the reform strategy has relied on publicly-financed bailouts, implementation of international best practices in bank governance and regulation, and listing of major banks in Hong Kong. The three largest banks have been stabilised, but we find little reason to expect this to be sustainable. Prudential indicators are comparable to international averages, but this is an outcome of bailouts and ongoing credit boom. Reforms of bank governance and regulatory frameworks that would alter banker’s incentives are implemented in a selective manner; principles that concentrate key powers in the centre are implemented vigorously, whereas those that require independent boards and regulators are ignored. Selectiveness of institutional reform means that the largest banks remain under state control and can be used as means of development policy for the better or the worse.

scholarly journals Special courtroom as an element of child-friendly justice: organizational and legal aspect

2021 ◽  
pp. 16-26
Author(s):  
Pavlo Parkhomenko
Keyword(s):  
Legal Aspect ◽  
Children's Rights ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Children’S Rights ◽  
European Court ◽  
Child Friendly ◽  
Basic Approaches ◽  
The Impact

The entry of a child into the sphere of justice, regardless of its status, requires the creation of such conditions that would minimize the possibility of the impact of negative factors in the process of administering justice on the child himself. In this regard, one of the effective and important elements in the child-friendly justice system may be the organization of a special courtroom, which would be adapted to hear cases involving a child, which is not widely used in national practice and does not have the appropriate legal regulation in general. In addition, to date, there are no studies that would reflect the problems of organizing a courtroom, in which it is possible to try different categories of cases with the participation of the child. The article attempts to conduct a theoretical and legal study of existing international standards and national legal regulation of the organization of child-friendly courtrooms, identifying the basic elements for its creation, through which it is possible to formulate basic approaches to the administration of child-friendly justice. The author stressed that international standards refer to the components of child-friendly justice, including the issue of creating the most comfortable conditions for the child in the courtroom and directly during the hearing. To substantiate the conclusions, we analyzed the national case law and the case law of the European Court of Human Rights, which demonstrates cases of violation of children's rights by not creating appropriate conditions for the trial of children, and emphasizes the importance of the situation in which the trial took place. from litigation involving adults. Positive practices of organization of special courtrooms in some courts of Ukraine are given. Based on the analysis, it was found that the issue of arranging a courtroom friendly to children has no legislative and departmental regulations, in connection with which proposed ways to address the legislative gap in this direction and guidelines for organizing a special courtroom, which is positively assessed. Рrovided children who were invited to court and who had the opportunity to compare the general courtroom and the special. Keywords: international standards, children's rights, child-friendly justice, child interview, courtroom.

Commercial Law

2017 ◽  
Author(s):  
M A Clarke ◽  
R J A Hooley ◽  
R J C Munday ◽  
L S Sealy ◽  
A M Tettenborn ◽  
...  
Keyword(s):  
Case Law ◽  
Commercial Law ◽  
Trade Finance ◽  
Vicarious Liability ◽  
Personal Property ◽  
Consumer Rights ◽  
Modern Slavery ◽  
Bankruptcy Procedure ◽  
The Impact ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This new edition includes discussion of new legislation, including: Consumer Rights Act 2015; Insurance Act 2015; Modern Slavery Act 2015; Small Business, Enterprise and Employment Act 2015; Third Parties (Rights against Insurers) Act 2010; Bribery Act 2010; Payment Services Regulations 2009. The text also has analysis of the latest developments in case law, including: Armstrong DLW GmbH v Winnington Networks Ltd and Devani v Republic of Kenya (on personal property law); Mohamud v WM Morrison Supermarkets plc (on vicarious liability); Kelly v Fraser and Thanakharn Kasikorn Thai Chamkat (Mahachon) v Akai Holdings Ltd (on apparent authority); Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd and European Ventures LLP v Cedar Capital Partners LLC (on agent's secret profits); Bailey v Angove's Pty Ltd (on irrevocable agencies); Cukurova Finance International v Alfa Telecom Turkey Ltd, Gray v G-T-P Group Ltd, and USA v Nolan (on the Financial Collateral Arrangements, No 2, Regulations). The book contains a new introductory section on the impact of Brexit on English commercial law. Insolvency coverage includes discussion of new out-of-court bankruptcy procedure, debt relief orders, and pre-pack administrations.

16 Stockholm

2014 ◽  
Author(s):  
Andersson Fredrik ◽  
Löf Kristoffer
Keyword(s):  
Public Policy ◽  
Case Law ◽  
Legal Framework ◽  
International Standards ◽  
International Arbitration ◽  
Chamber Of Commerce ◽  
East West

This chapter evaluates the merits of Stockholm as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Sweden; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the legal framework, the practice of the courts, and the experience of Swedish arbitration practitioners, all ensure an arbitration-friendly environment at the highest international standards. Stockholm and the Stockholm Chamber of Commerce (SCC) have long maintained a position as a preferred venue for resolving international disputes in general and disputes with an East-West dimension in particular. The long tradition of arbitration in Sweden has yielded a rich body of case law relating to arbitration, providing for a predictable procedure. The Swedish courts respect and enforce arbitration agreements and do not interfere unduly in arbitration proceedings. Awards cannot be challenged based on the merits and can be set aside only on the basis of serious procedural irregularities or narrowly defined issues of non-arbitrability or public policy.

Case law update: Vicarious liability

2011 ◽  
Vol 31 (1) ◽  
pp. 42-49
Author(s):  
John C. West
Keyword(s):  
Case Law ◽  
Vicarious Liability

scholarly journals Electoral disputes in the legal positions of the Supreme Court

2021 ◽  
pp. 74-84
Author(s):  
Oksana Hnativ
Keyword(s):  
Supreme Court ◽  
Good Governance ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Procedural Law ◽  
European Court ◽  
Election Process ◽  
Equal Importance ◽  
The Supreme Court

The article is devoted to the study of the rulings of the Supreme Court in the field of suffrage protection. The author uses specific examples to illustrate the importance of jurisprudence for the effective protection of the said rights of all participants in the election process in Ukraine. The interpretation of legal regulations by the Supreme Court is designed to ensure the certainty of the legal regulation when applying it to resolve disputes in the court. At the same time, the analysis of jurisprudence demonstrates the low level of legal culture in society, as well as the need for educational measures to ensure the exercise of suffrage and their protection. Particular emphasis has been placed on the universality of the legal conclusions of the Supreme Court. In particular, certain criteria of good governance can be applied when considering administrative cases related to the exercise of powers of state bodies and local self-government bodies, their officials, regardless of the category of cases. The conclusion regarding the conditions for declaring the inaction of the subjects of power illegal is similar. At the same time, the Supreme Court does not always achieve legal certainty in its rulings. An example is the case on the legal nature of the President’s of Ukraine poll, which does not specify the criteria for distinguishing covert agitation from the poll (exit poll). The resolution of procedural issues related to the delimitation of jurisdiction, as well as the issues of consolidation and separation of claims has equal importance. The issue of election cases, including territorial ones, jurisdiction, needs to be resolved, given the reduced deadlines for applying for protection of suffrage. The unity of the practice of application of procedural regulations ensures the equality of participants in the administrative process before the procedural law and the court. The analysis of the case law of the Supreme Court shows its compliance with international standards, in particular, the case law of the European Court of Human Rights. Key words: suffrage, Supreme Court, right to defense, election case.

scholarly journals ICA contribution to the development of international standards of competence for nautical cartographers

2018 ◽  
Vol 1 ◽  
pp. 1-6
Author(s):  
Ron Furness ◽  
Lysandros Tsoulos
Keyword(s):  
Best Practices ◽  
Minimum Degree ◽  
Short Form ◽  
Theoretical Background ◽  
Theory And Practice ◽  
International Standards ◽  
Professional Competency ◽  
Close Cooperation ◽  
Hydrographic Surveying

All professions face challenges as how best to ensure the achievement and continuance of the highest standards as they seek to determine and promulgate best practices. In the essentially linked professions of hydrographic surveying and nautical cartography these challenges become immediately international in their impacts and require close cooperation between the professional bodies representing surveyors, hydrographers and cartographers. The Standards of Competence for Nautical Cartographers are known in short form as S-8 and they describe the minimum required competencies for nautical cartographers. They indicate the minimum degree of knowledge and experience considered necessary for nautical cartographers and provide a set of programme outlines against which the FIG/IHO/ICA International Board on Standards of Competence for Hydrographic Surveyors and Nautical Cartographers may evaluate programmes submitted for recognition. The Standards recognize two levels of competence: Cate- gory A and Category B. In nautical charting communities, Category A programmes offer levels of comprehensive and broad-based knowledge in all aspects of the theory and practice of nautical cartography. Category B programmes provide a level of practical comprehension, along with the essential theoretical background, necessary for individuals to carry out the various nautical cartography tasks. The Standards have recently undergone complete review and should be ratified during 2017/18. This paper aims to bring the existence and aims of the Standards to the wider notice of ICA members and to describe the philosophy and aims of the review in meeting the professional competency needs of the nautical cartographic community.

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