...This article is published in a peer-reviewed section of the Utrecht Law Review The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases Ivo Giesen* 1. Introduction** 1.1. Comparable stories of great grief In 1993, a South African boy named Brian Stewart was born severely handicapped. He suffers from ‘spina bifida’, a congenital defect to the lower spine, which negatively affects the nerve supply to the lower limbs, bladder and bowel. He suffers from a brain defect as well.1 In 1994, a Dutch girl named Kelly Molenaar was also born severely handicapped. By the time she was two-and-half-years old she was diagnosed as being retarded, autistic, not fully grown, not able to walk or talk, suffering from heart disease, bad hearing and poor eyesight and she was not able, at that time, to recognize her parents. She had been admitted to hospital on nine occasions due to continuous crying, believed to be caused by pain.2 Comparable stories about severely handicapped children can be found in several other countries as well. Both Brian and Kelly were not supposed to have been born in the sense that their mothers would have chosen for an abortion had they known in time about the birth defects their children would suffer. Brian’s mother would have undergone a termination of her pregnancy had the obstetrician and gynaecologist she consulted detected any abnormalities in the foetus and advised her thereof. Kelly’s mother had asked the obstetrician she consulted to carry out some...
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...Essentially exponents of legal positivists – therefore, they have an essentially consensual view of international law, believing that international and municipal law were two separate legal orders. International law must be incorporated into domestic law, for it to apply domestically. • Harmonisation: Assumes that international law forms part of municipal law but acknowledges that on occasions when there was a conflict between the two systems, a municipal judge would be bound by the jurisdictional rules of the domestic domain. 2 Primacy of International Law 1 Municipal Tribunals Whether international law has primacy over municipal law depends on each particular country’s constitution. In Australia, there is no express incorporation of international obligations in Australia. Implementing legislation is required for both treaty and customary international law to apply. See below for further information. 2 International Tribunals A State cannot invoke domestic laws as an excuse for failure to perform its international duties and obligations. [Draft Declaration on Rights and Duties of States 1949, Article 13; Alabama Claims Arbitration] • Draft Declaration was noted and commended to members by General Assembly Resolution 375 • Under Article 27 of the Vienna Convention on the Law of Treaties, a State cannot rely on domestic law to sanction the breach of a treaty 1...
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...2 Negligence: The Basic Principles of Duty of Care The arrangement of this and subsequent chapters Negligence is a large and amorphous subject, and all parts of the law on it are interlocking. It is often difficult to understand one part without having studied the whole, and therefore in arranging the material I have decided to set out the basic principles first, leaving the more sophisticated developments until later. Accordingly the next three chapters on duty, standard of care, causation and remoteness of damage aim to explain the basic negligence action, principally in relation to an action for personal injuries or property damage where the concepts are easiest to understand. More difficult duty problems, such as liability for statements or for pure economic loss, will be dealt with later. Duty is but one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. In cases of personal injury or damage to property the necessary relationship is established if the defendant ought...
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...Summary Australian law is based on the culture of English law. The following characteristics derive from the English background of our law: * A system of representative democracy, using parliaments to make laws. See chapters 7 & 8. * A legal profession divided formally or informally into solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could...
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...H8032-Prelims.QXD 7/1/06 11:08 AM Page i CIMA’S Official Learning System CIMA Certificate in Business Accounting, 2006 Syllabus Certificate Level Fundamentals of Ethics, Corporate Governance and Business law David Sagar Larry Mead Philippa Foster Back H8032-Prelims.QXD 7/1/06 11:08 AM Page ii CIMA Publishing is an imprint of Elsevier Linacre House, Jordan Hill, Oxford OX2 8DP, UK 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA First edition 2006 Copyright © 2006 Elsevier Ltd. All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone (ϩ44) (0) 1865 843830; fax (ϩ44) (0) 1865 853333; e-mail: permissions@elsevier.com. Alternatively you can submit your request online by visiting the Elsevier web site at http://elsevier.com/locate/permissions, and selecting Obtaining Permission to use Elsevier material Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. British Library Cataloguing in Publication...
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... CHAPTER ONE 1.0 INTRODUCTION 1.1 Background of Study The purpose of this research is to show all the rights of illegal immigrants and the extent to which they are violated and/or respected in Kenya’s legal system by use of vital lessons from the American legal system. Respecting their rights is important because it shows that we are respecting the rule of law. It is important to note that all people are equal and therefore they should be treated equally without discrimination. People should also be allowed the freedom of movement and also that it should be ensured that the same freedom of movement should be regulated so that it ensures that one single country or state do not suffer the outcomes of immigration. Migration is a fact of life whereby people move to new countries to improve themselves economically and maybe to pursue their educations. Others leave to escape armed conflicts or other violations of human rights. Several statutory laws in Kenya provide means by which certain aliens/illegal immigrants can become naturalized citizens. Immigration law determines who may enter, how long they may stay and when they must leave. An illegal immigrant/alien is any individual or a foreigner who has entered or resides in a country unlawfully or without the country's authorization. Illegal immigration may occur due to several reasons, for example; incase where visa holders were not able to renew their documents (“obtained a Visa but stayed beyond the allotted...
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...Introduction to Islamic Insurance K. M. Mortuza Ali 1 K. M. Mortuza Ali Managing Director Prime Islami Life Insurance Limited 29 Dilkusha C/A Raj Bhaban (6th Floor) Dhaka – 1000 Phone – 9560889, 9570729 (Off) 8353552 (Res) Mobile – 019-366617 Fax – 880-2-9564390 Email – plicl@bdonline.com kmortuza@bdmail.net 2 Chapter (I) Basic ideas about Risk & Insurance 1. 2. 3. 4. 5. 6. 7. 8. 9. What is Risk? How do we distinguish between pure risk and speculative risk ? How risk is handled? Why every risk is not insured? What are the characteristics of Insurable risks? What are the requisites of Insurance for Covering Risk? What are the Principles of Insurance contract? What are the different types of Life Insurance policies? How Insurance is different from Gambling? 10. What is the main function of insurance? 11. What is the greatest value of insurance? 12. What is the Purpose of Life Insurance? 13. How insurance protects value of life? 14. How life Insurance schemes meet the saving needs? 15. What are the social and economic values of Insurance? 16. What is the Actuarial principle of Life Insurance? 17. What is reinsurance? 18. What are the different methods of reinsurance? 1. What is Risk? Risk has been defined as the uncertainty as to the occurrence of an economic loss. It is the passivity of adverse result from a desired outcome. Risk and probability are not synonymous. We must understand the difference between risk and probability. The terms hazard and peril are...
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...Statutory Interpretation (not examinable) • Literal Rule There are three (3) principles of law that can be applied to interpret the law, where the Literal rule can be applied and if absurdity exist either the Golden or the Mischief rule can be used. The Literal rule considers the law as what it says where the natural meaning of the words are used for interpretation; this can be depicted in the case Regina v Barrymore where the defendant was charged with the offence of wounding with the intent to murder, however the learned magistrate of St John’s Magistrate’s court committed the defendant to stand trial on a charge of wounding with intent to do grievous bodily harm. The court however had no power to commit the defendant for any offence other than the offence with which he had been charged. • Golden Rule The Golden rule is an extension of the literal rule, giving either narrow or wide meaning to the law; the Narrow meaning can be exemplified in the case of Marilyn Spenser v the Attorney General (AG), where the appellants, members of the Executive of the Committee of the Hallelujah Square Tabernacle church submitted to the Attorney General (AG) articles of incorporation of the church as a religious non- profit organization. However, the AG rejected the request stating that a nonprofit company must be a commercial enterprise which is to be carried out without financial gain to its members. Wide Meaning on the other hand is used to give law a wider meaning...
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...Ethnicity, Identity and Public Policy Critical Perspectives on Multiculturalism David Bromell Institute of Policy Studies Ethnicity, Identity and Public Policy Critical Perspectives on Multiculturalism David Bromell Institute of Policy Studies First printed in 2008 Institute of Policy Studies School of Government Victoria University of Wellington PO Box 600 Wellington © Institute of Policy Studies ISBN 158 IPS/Pub/978-1-877347-26-9 This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced without the permission of the Institute of Policy Studies. Copy editor: Belinda Hill Cover design: Milne Printers Ltd Printed by Milne Printers Ltd Contents List of Tables iv List of Figures iv List of Boxes iv Foreword v Acknowledgments and Disclaimer ix Part One: Introduction and Context of Inquiry 1 Introduction 2 New Zealand Context 3 21 Part Two: Communitarian Responses to Liberalism Introduction to Part Two 61 3 Civic Republicanism: Michael Sandel 63 4 The Politics of Recognition: Charles Taylor 83 Part Three: Multiculturalism Introduction to Part Three 105 5 Multicultural Citizenship: Will Kymlicka 107 6 Common Citizenship in a Multicultural Society: Bhikhu Parekh 151 Part Four: Critical Responses to Multiculturalism ...
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...Blekinge Institute of Technology School of Management Master Thesis M.Sc. in Business Administration The Use of Promotional Activities in the Tourism Industry: The Case of Bangladesh [pic] By Md. Jakir Hossain Dr. Klaus Solberg Søilen ID # 670504-P777 Academic Supervisor E-mail: mjho05@student.bth.se hossainj67@yahoo.com Date: 07 June, 2006 Abstract This thesis is an attempt to investigate how the use of promotional activities can help to develop the tourism industry by giving a special concentration to the case of Bangladesh. The investigation was conducted from both a theoretical and an empirical point of view. The contribution of the same industry to the world economy is considerable. Many countries are now dependent on this sector for foreign currency earnings. Every destination country is trying to achieve more gain by developing this industry. The expansion of the tourism through out the world has increased competition among the tourist destinations, trying to attract more tourists by adopting appropriate marketing techniques and strategies. Failure of doing so by a particular marketer will lead to a less competitive in the world tourism market. As an important element of marketing mix, promotion plays the vital role in marketing any product and service. Tourism product/service is of no exception. Because of the tourists want to know in advance about the attractions and the facilities of a particular destination. The tourist...
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...rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences, and engage in the same intellectual and social life as American students. This issue of Duke Law Magazine provides a flavor of the international dimensions of the Law School. It touches on some of our ongoing international programs, including the Institutes in Transnational Law at Geneva and Hong Kong, the Global Capital Markets Center, the Center on Law, Ethics and National Security, the...
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...rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences, and engage in the same intellectual and social life as American students. This issue of Duke Law Magazine provides a flavor of the international dimensions of the Law School. It touches on some of our ongoing international programs, including the Institutes in Transnational Law at Geneva and Hong Kong, the Global Capital Markets Center, the Center on Law, Ethics and National Security, the...
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... 24-Carat/Karat - The purest form of gold (karat is US-English spelling, too soft for jewellery, hence gold jewellery is made of 22-carat, 18-carat, or 9-carat gold, etc., in which other metals such as copper are mixed. Carat is a measure of purity in which 24 parts equate (virtually) to 100% gold. 18-carat is therefore 75% gold. Less than 10-carat gold is generally not sold as gold. The carat measure of diamonds is different, for which carat is a measure of weight (1 carat = 200mg). 24-hour Society - Refers to a way of life available to many in the modern world in which people can work socialize, shop, bank, etc., 24 hours a day. The phenomenon has caused significant new thinking in business, management, marketing, etc., and continues to do so. 24/7 - Twenty four hours a day, seven days a week. 38 Ways of Persuasion - The classic semi-serious guide to winning arguments featuring in The...
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...ISBN 978-92-64-04632-0 OECD Employment Outlook © OECD 2008 Chapter 3 The Price of Prejudice: Labour Market Discrimination on the Grounds of Gender and Ethnicity Despite some progress, there is still evidence of discrimination on the grounds of gender and ethnic or racial origins in OECD labour markets. Field experiments show pervasive ethnic discrimination in many countries. Indirect evidence shows that on average at least 8% of the gender employment gap and a larger proportion of the gender wage gap can be attributed to discrimination. Virtually all OECD countries have enacted anti-discrimination laws in recent decades, and evaluations as well as cross-country analysis suggest that, if well-designed, these laws can be effective in reducing disparities in labour market outcomes. However, enforcement of antidiscrimination legislation is essentially based on victims’ willingness to claim their rights. Thus, public awareness of legal rules and their expected consequences (notably, victims’ costs and benefits of lodging complaints) is a crucial element of an effective policy strategy to establish a culture of equal treatment. Moreover, legal rules are likely to have more impact if the enforcement is not exclusively dependent on individuals. In this respect, specific agencies may play a key role. 139 3. THE PRICE OF PREJUDICE: LABOUR MARKET DISCRIMINATION ON THE GROUNDS OF GENDER AND ETHNICITY Introduction Employment outcomes are far from being evenly distributed...
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...2015 International Compendium of Data Privacy Laws COUNTRY BY REGION Australia Australia................................................................................................................................. 6 Central Asia China (People’s Republic) .................................................................................................. 37 Hong Kong........................................................................................................................... 78 India..................................................................................................................................... 88 Japan................................................................................................................................. 106 South Korea....................................................................................................................... 149 Taiwan ............................................................................................................................... 157 Central America Bahamas ............................................................................................................................. 16 Costa Rica ........................................................................................................................... 43 Trinidad and Tobago.......................................................................................................... 160 Europe Austria .............
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