West Indies Legislation and International Law Reports
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Some Notes on the Malayan Law of Negligence
Cleveland State Law Review Volume 9 Issue 3 Psychiatry and Law (A Symposium) Article 10 1960 Some Notes on the Malayan Law of Negligence A. E. S. Tay J. H. M. Heah Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Comparative and Foreign Law Commons, and the Torts Commons How does access to this work benefit ou?y Let us know! Recommended Citation A. E. S. Tay & J. H. M. Heah, Some Notes on the Malayan Law of Negligence, 9 Clev.-Marshall L. Rev. 490 (1960) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. Some Notes on the Malayan Law of Negligence A. E. S. Tay* and J. H. M. Heah** T HE TERM "MALAYA" COVERS what are now two distinct political units: the fully independent Federation of Malaya and the semi-independent State of Singapore, which have emerged from a tangle of British settlements and colonies and British-protected Malay states. The State of Singapore has sprung from the Crown Colony of Singapore, which between 1826 and 1946 formed part of the larger Crown Colony of the Straits Settle- ments. The two remaining Straits settlements-Penang (includ- ing Province Wellesley) and Malacca-together with nine Malay states' have become the Federation of Malaya. Although Penang and Malacca, as British territories, have a very different legal history from that of the Malay states, their welding together into a political unit has been followed by legislation giving statu- tory foundation for the application of the English common law throughout the Federation; the historical differences, then, have lost their practical point. -
British Overseas Territories Law
British Overseas Territories Law Second Edition Ian Hendry and Susan Dickson HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 First edition published in 2011 Copyright © Ian Hendry and Susan Dickson , 2018 Ian Hendry and Susan Dickson have asserted their right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Authors of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/ open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. -
Constitutional Reform in the English-Speaking Caribbean: Challenges and Prospects
Constitutional Reform in the English-Speaking Caribbean: Challenges and Prospects A report prepared for the Conflict Prevention and Peace Forum January 2011 The Constitutional Design Group Principals Zachary Elkins | [email protected] Tom Ginsburg | [email protected] Lead Research Associate Justin Blount | [email protected] The views expressed in this article are those of the authors and do not reflect those of CPPF or the Social Science Research Council. Constitutional Reform in the ESC p. 2 CONTENTS Introduction ................................................................................................................................. 3 Historical Perspectives on Constitutional Reform in the ESC ................................................. 4 Decolonization and the Independece Constitutions ............................................................... 4 The Rise and Fall of the West Indies Federation ................................................................... 5 Characteristics of ESC Constitutions ......................................................................................... 6 Some General Notes on the Nature of ESC Constitutional Texts ......................................... 7 Executives, Legislatures, and the Judiciary ........................................................................... 8 Fidelity to the Westminster Parliamentary System ........................................................... 8 The Judiciary ..................................................................................................................... -
In the Privy Council on Appeal from the Court of Appeal of Pitcairn Islands
IN THE PRIVY COUNCIL ON APPEAL FROM THE COURT OF APPEAL OF PITCAIRN ISLANDS No. of 2004 BETWEEN STEVENS RAYMOND CHRISTIAN First Appellant LEN CALVIN DAVIS BROWN Second Appellant LEN CARLISLE BROWN Third Appellant DENNIS RAY CHRISTIAN Fourth Appellant CARLISLE TERRY YOUNG Fifth Appellant RANDALL KAY CHRISTIAN Sixth Appellant A N D THE QUEEN Respondent CASE FOR STEVENS RAYMOND CHRISTIAN AND LEN CARLISLE BROWN PETITIONERS' SOLICITORS: Alan Taylor & Co Solicitors - Privy Council Agents Mynott House, 14 Bowling Green Lane Clerkenwell, LONDON EC1R 0BD ATTENTION: Mr D J Moloney FACSIMILE NO: 020 7251 6222 TELEPHONE NO: 020 7251 3222 6 PART I - INTRODUCTION CHARGES The Appellants have been convicted in the Pitcairn Islands Supreme Court of the following: (a) Stevens Raymond Christian Charges (i) Rape contrary to s7 of the Judicature Ordinance 1961 and s1 of the Sexual Offences Act 1956 (x4); (ii) Rape contrary to s14 of the Judicature Ordinance 1970 of the Sexual Offences Act 1956. Sentence 4 years imprisonment (b) Len Carlisle Brown Charges Rape contrary to s7 of the Judicature Ordinance 1961, the Judicature Ordinance 1970, and s1 of the Sexual Offences Act 1956 (x2). Sentence 2 years imprisonment with leave to apply for home detention The sentences have been suspended and the Appellants remain on bail pending the determination of this appeal. HUMAN RIGHTS In relation to human rights issues, contrary to an earlier apparent concession by the Public Prosecutor that the Human Rights Act 1978 applied to the Pitcairn Islands, it would appear not to have been extended to them, at least in so far as the necessary protocols to the Convention have not been signed to enable Pitcairners to appear before the European Court: R (Quark Fisheries Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2005] 3 WLR 7 837 (Tab ). -
The Equal Rights Trust Legal Brief for Kanalesingam
The Equal Rights Trust Legal Brief For Kanalesingam Introduction 1. This legal brief is provided by The Equal Rights Trust (ERT) to Kanesalingam & Co (Kanesalingam). It sets out international and comparative law and jurisprudence arguments in relation to the current case (the Judicial Review) before the High Court in Malaya at Seremban, in which Kanesalingam & Co currently represents (1) Muhamad Juzaili Bin Mohd Khamis, (2) Shukur Bin Jani, (3) Wan Fairol Bin Wan Ismail, and (4) Adam Shazrul Bin Mohd Yusoff in their judicial review claim against (1) the State Government of Negeri Sembilan, (2) the Islamic Affairs Department of ENgeri Sembilan, (3) the Director adn/or highest ranked officer within the Islamic Affairs Department of Negeri Sembilan, (4) the Chief Syariah Enforcement Officer of Negeri Sembilan, and (5) the Chief Syariah Prosecutor of Negeri Sembilan. 2. ERT is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. Established as a resource centre and a think tank, it focuses on the complex relationship between different types of discrimination, developing strategies for translating the principles of equality into practice and balancing the principle of non-discrimination with other rights. The Board and staff of ERT are qualified experts in human rights law and non-discrimination. ERT has professional expertise on equality and non-discrimination law, and its core work focuses on legal research on issues of discrimination. 3. In this brief, ERT provides arguments on which Kanesalingam may wish to rely in their submissions to the High Court to argue that Section 66 of the Syariah Criminal (Negeri Sembilan) Enactment 1992 (Section 66) violates Article 8 of the Federal Constitution of Malaysia (Article 8) by discriminating against the applicants, and others in a similar situation to the applicants, on the ground of their gender identity. -
House of Lords Secondary Legislation Scrutiny Committee
HOUSE OF LORDS Secondary Legislation Scrutiny Committee 32nd Report of Session 2019–21 Drawn to the special attention of the House: Draft Customs Safety, Security and Economic Operators Registration and Identi ication (Amendment etc.) (EU Exit) Regulations 2020 Draft Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020 Draft Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 and one related instrument Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 Includes information paragraphs on: 3 instruments relating to COVID-19 Draft European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Draft Audiovisual Media Services Regulations 2020 (Amendment) (EU Exit) Regulations 2020 Draft Hazardous Substances and Packaging Draft Common Fisheries Policy (Amendment (Legislative Functions and Amendment) (EU etc.) (EU Exit) Regulations 2020 Exit) Regulations 2020 Draft Data Protection, Privacy and Electronic Draft Law Enforcement and Security (Separation Communications (Amendments etc) (EU Issues etc.) (EU Exit) Regulations 2020 Exit) Regulations 2020 Draft Plant Health (Amendment Etc.) (EU Draft Ecodesign for Energy-Related Products Exit) Regulations 2020 and Energy Information (Amendment) (EU Exit) Regulations 2020 Draft Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Draft Environment and Wildlife Regulations 2020 (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 Ordered to be printed 27 October 2020 and published 29 October 2020 Published by the Authority of the House of Lords HL Paper 159 Secondary Legislation Scrutiny Committee The Committee’s terms of reference, as amended on 11 July 2018, are set out on the website but are, broadly: To report on draft instruments and memoranda laid before Parliament under sections 8, 9 and 23(1) of the European Union (Withdrawal) Act 2018. -
In the Pitcairn Islands Supreme Court T 1/2011 In
IN THE PITCAIRN ISLANDS SUPREME COURT T 1/2011 IN THE MATTER under the Constitution of Pitcairn and the Bill of Rights 1688 AND IN THE MATTER OF a challenge to the vires of parts of the Pitcairn Constitution being ultra vires the Bill of Rights 1688 AND IN THE MATTER OF a constitutional challenge and the refusal of the Magistrates Court to refer a constitutional challenge to the Supreme Court and the failure of the Supreme Court to consider an appeal from the Magistrates Court AND CP 1/2013 IN THE MATTER OF a judicial review of the Attorney General and Governor BETWEEN MICHAEL WARREN Applicant/Appellant AND THE QUEEN Respondent Hearing: 07 to 11 and 14 to 17 April 2014; 01 August 2014; 23 September 2014 Appearances: Kieran Raftery and Simon Mount for the Crown Tony Ellis and Simon Park (on 23 September 2014) for Applicant/Appellant Judgment: 28 November 2014 ______________________________________________________________________ JUDGMENT OF HAINES J ______________________________________________________________________ This judgment was delivered by me on 28 November 2014 at 10 am pursuant to the directions of Haines J Deputy Registrar Table of Contents Para Nr Introduction [1] Course of the hearing [11] The application for a stay on the grounds of abuse of process – the self- determination claim The submission [19] The right to self-determination – sources [22] Ius cogens [24] Internal self-determination – treaty obligations of the UK – the Charter of the United Nations [32] Internal self-determination – treaty obligations of the UK – -
Country Coding Units
INSTITUTE Country Coding Units v11.1 - March 2021 Copyright © University of Gothenburg, V-Dem Institute All rights reserved Suggested citation: Coppedge, Michael, John Gerring, Carl Henrik Knutsen, Staffan I. Lindberg, Jan Teorell, and Lisa Gastaldi. 2021. ”V-Dem Country Coding Units v11.1” Varieties of Democracy (V-Dem) Project. Funders: We are very grateful for our funders’ support over the years, which has made this ven- ture possible. To learn more about our funders, please visit: https://www.v-dem.net/en/about/ funders/ For questions: [email protected] 1 Contents Suggested citation: . .1 1 Notes 7 1.1 ”Country” . .7 2 Africa 9 2.1 Central Africa . .9 2.1.1 Cameroon (108) . .9 2.1.2 Central African Republic (71) . .9 2.1.3 Chad (109) . .9 2.1.4 Democratic Republic of the Congo (111) . .9 2.1.5 Equatorial Guinea (160) . .9 2.1.6 Gabon (116) . .9 2.1.7 Republic of the Congo (112) . 10 2.1.8 Sao Tome and Principe (196) . 10 2.2 East/Horn of Africa . 10 2.2.1 Burundi (69) . 10 2.2.2 Comoros (153) . 10 2.2.3 Djibouti (113) . 10 2.2.4 Eritrea (115) . 10 2.2.5 Ethiopia (38) . 10 2.2.6 Kenya (40) . 11 2.2.7 Malawi (87) . 11 2.2.8 Mauritius (180) . 11 2.2.9 Rwanda (129) . 11 2.2.10 Seychelles (199) . 11 2.2.11 Somalia (130) . 11 2.2.12 Somaliland (139) . 11 2.2.13 South Sudan (32) . 11 2.2.14 Sudan (33) . -
Economic Development of Malaya
ECONOMIC DEVELOPMENT OF MALAYA The Institute of Asian Economic Affairs, MaraJ'a Shingap5ru no Keizai Kaihatsu (Economic Development in the Federation of Malaya and the State of Singapore), Tokyo, 1962, 348 pp. This book is the result of a joint study conducted by the follovving research group headed by Hiroshi Matsuo under the auspices of the Institute of Asian Economic Affairs : Shigeo Shimizu~awa, Assistant Professor of Meiji University (Chapter I) ; Hiroshi Matsuo, Professor of Meiji Utriversify (Chapters 11 & IV) ; Kikuo Yamaoka, Professor of Chiba University (Chapter 111) ; Yasuaki Yoshimura, chief of the research department of the~ C;verseas Mineral Resources Development Company (Chapter V) ; and Yasushi Oiwa, Yawata lron and Steel Co., Ltd. (Chapter VI). This comprehensive study examines the problems of economic develop- ment of the Federation of Malaya and the State pf Singapore based on data obtained through on-the-spot suiveys ofthe two countries. The study analyses the economic structure of the two countries, and other matters related to their economic development. This study does not purport to be the kind of theoretical analysis which makes use of the models and hypotheses of modern economics. The writers have discussed the following points : recognition of the peculiar characteristics of Malayan politics, economy and society ; study - of the historical process of economic developinent ; outline and character- istics of economic development plan ; examination of problems during the process of economic development ; role of foreign investments ; and status and future prospects of development 6f mineral resources. Economic development in any nation should be built on political, economic and social foundations. -
Issn 1198-6727
ISSN 1198-6727 FISHERIES CATCH RECONSTRUCTIONS: ISLANDS, PART IV Fisheries Centre Research Reports 2014 Volume 22 Number 2 ISSN 1198-6727 Fisheries Centre Research Reports 2014 VOLUME 22 NUMBER 2 FISHERIES CATCH RECONSTRUCTIONS: ISLANDS, PART IV Fisheries Centre, University of British Columbia, Canada Edited by Kyrstn Zylich, Dirk Zeller, Melanie Ang and Daniel Pauly Fisheries Centre Research Reports 22(2) 157 pages © published 2014 by The Fisheries Centre, University of British Columbia 2202 Main Mall Vancouver, B.C., Canada, V6T 1Z4 ISSN 1198-6727 Fisheries Centre Research Reports 22(2) 2014 Edited by Kyrstn Zylich, Dirk Zeller, Melanie Ang and Daniel Pauly CONTENT Preface i Reconstruction of total marine fisheries catches for Anguilla (1950 - 2010) 1 Robin Ramdeen, Kyrstn Zylich, and Dirk Zeller Reconstruction of total marine fisheries catches for the British Virgin Islands (1950 - 2010) 9 Robin Ramdeen, Sarah Harper, Kyrstn Zylich, and Dirk Zeller Reconstruction of domestic fisheries catches in the Chagos Archipelago: 1950 - 2010 17 Dirk Zeller and Daniel Pauly Reconstruction of total marine fisheries catches for Cuba (1950 - 2010) 25 Andrea Au, Kyrstn Zylich, and Dirk Zeller Reconstruction of total marine fisheries catches for Dominica (1950 - 2010) 33 Robin Ramdeen, Sarah Harper, and Dirk Zeller Reconstruction of total marine fisheries catches for the Dominican Republic (1950 - 2010) 43 Liesbeth van der Meer, Robin Ramdeen, Kyrstn Zylich, and Dirk Zeller The catch of living marine resources around Greenland from 1950 t0 2010 55 -
Supreme Court of the United States
No. 16-136 IN THE Supreme Court of the United States GOVERNMENT OF BELIZE, Petitioner, v. BCB HOLDINGS LIMITED AND BELIZE BANK LIMITED, Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit AMICUS CURIAE BRIEF OF THE GOVERNMENT OF GUYANA SUPPORTING THE GOVERNMENT OF BELIZE’S PETITION FOR WRIT OF CERTIORARI BENJAMIN G. SHATZ Counsel of Record MANATT, PHELPS & PHILLIPS, LLP 11355 West Olympic Blvd. Los Angeles, CA 90064 [email protected] (310) 312-4000 Counsel for Amicus Curiae The Government of Guyana i TABLE OF CONTENTS BRIEF OF AMICUS CURIAE ..........................1 INTEREST OF AMICUS CURIAE ...................1 SUMMARY OF ARGUMENT ...........................5 REASONS FOR GRANTING THE PETITION .................................................7 I. The CCJ Is Vitally Important To The Caribbean Region’s Goals Of Independence And Solidarity .............7 II. The CCJ’s Opinion In This Case Is Of Utmost Importance Because It Addresses Foundational Issues Of Democratic Government .................. 11 CONCLUSION ................................................ 13 ii TABLE OF AUTHORITIES BCB Holdings Ltd. v. Attorney General of Belize, CCJ Appeal No. CV 7 of 2012 ............... 11–12 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Article V(2)(b) .............................................. 12 1 BRIEF OF AMICUS CURIAE The Government of Guyana submits this brief in support of the Government of Belize’s petition for certiorari.1 INTEREST OF AMICUS CURIAE The Co-operative Republic of Guyana is a sovereign nation on the northern coast of South America, bordering Venezuela, Brazil, Suriname and the Caribbean Sea. Like Belize, Guyana is intimately tied geographically, culturally, historically, linguistically, and politically to the Caribbean region.2 1 Counsel for the Government of Guyana authored this brief in whole and no other person or entity made a monetary contribution to the preparation or submission of this brief. -
Indalul7aoitnh'.:Oilsdare'p'hoertei'amtehawt'thlee Registration of the Three Children As Muslims Was Done in Their Absence and Without Ms
HA[n-COMMISSARIAT AUX DROITS DE [aHOMME - OFFICH OF THE HIGH COMMISSIONER FOR N RIGHTS PAIAJ8 DES NAITONS-1211 GENEV A 10, SWITZERLAND Mandates of the Working Group on the issue of discrimination against women in law and in practice; the Special Rapporteur on freedom of religion or belief; and the Special Rapporteur on violence against women, its causes and consequences REFERENCE: AL MYS 4/2016: 18 April 2016 Excellency, We have the honour to address you in our capacities as Chairperson-Rapporteur of the Working Group on the issue of discrimination against women in law and in practice; Special Rapporteur on freedom of religion or belief; and Special Rapporteur on violence against women, its causes and consequences pursuant to Human Rights Council resolutions 23/7, 22/20, and 23/25. and Ms. , resulting from the existence of a dual legal system composed of civil and Syariah law, inconsistent with international human rights law and standards, in Malaysia. According to the information received: The case of Ms. On 10 April 1993, Ms. §, now known as Mr. got married under the Law Refom (Marriage and Divorce) Act 1976. They had three children. On 11 March 2009, Mr. converted from Hinduism to Islam and on 2 April 2009, he converted his tmee children, § aged 12, %agedllaeWcidaeatoremainorag;indalul7aoitnh'.:oilsdare'p'hoerteI'amtehaWt'thlee registration of the three children as Muslims was done in their absence and without Ms. g's knowledge and consent. l According to the Administration of the Religion of Islam (Perak) Enactment 2004, a valid administrative conversion to Islam requires that "the person must utter in reasonably intelligible Arabic the two clauses of the Affirmation of Faith" hown as 'Kalimah Shahadah', "must be aware that they mean 'I bear witness that there is no God but Allah and I bear witness that the Prophet Muhammed S.A.W.is the Messenger of Allah" and that "the utterance must be made of the person's own free will" as stated by section 96.