Conceptualizing Backwards Tracing: a paradigm for vindicating the property rights of another
Essays On Human Rights , Law & International Relations
by PJ
2w ago
Photo by Lucie Liz on Pexels.com The case of Durant (2015) involved a payment of bribes totalling US$10.5 million into a bank account; while at about the same time a total of US$13.5 million had been paid out of that account to the defendants. Yet, the the Privy Council held that all the bribes could be traced to the defendant. The material facts of Brazil v Durant International Corp [2015] UKPC 35 The defendant companies Durant and Kildare registered in the British Virgin Islands were found previously by the Court of Appeal in Jersey to be liable to the Brazil municipality as c ..read more
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Are Secret Trusts valid Testamentary dispositions?
Essays On Human Rights , Law & International Relations
by PJ
2w ago
Exploring the theroretical justifications for the enforcement of secret trusts The Wills Act 1837, s.9 requires that all testatmentary dispositions must be in writing and signed by the Testator, in the presence of two or more attesting witnesses present at the same time. Despite the existence of such statutory formalities, Testators who wish to create a fully secret trust have been known to leave legacies in their will to someone they can trust, having previously instructed them that the legacy concerned is to be held on trusts for a specific individual or individuals; The existence of a half ..read more
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Delving into the ‘lived experiences’ of Criminality
Essays On Human Rights , Law & International Relations
by PJ
3M ago
Exploring the Criticisms of Rational Choice Theory and Sociological, Psychological Positivism Photo by mali maeder on Pexels.com Rational actor theory has been criticized by Cultural criminologists for its overemphasis on the individual’s exercise of free choice in committing crime; while psychological and sociological explanations tend to portray the criminal as one who is predestined to commit crime due to his or her personality traits or social background in which variables such as poverty, income inequalities and racial oppression feature. This essay argues that Classical and Positivist ex ..read more
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Conceptualizing Backwards Tracing: a paradigm for vindicating the property rights of another
Essays On Human Rights , Law & International Relations
by PJ
10M ago
This essay explores the Equitable mechanism of backwards tracing as set out by the the Privy Council in Brazil v Durant International Corp (2015) and argues for its acceptance in English law. The case of Durant (2015) involved a payment of bribes totalling US$10.5 million into a bank account; while at about the same time a total of US$13.5 million had been paid out of that account to the defendants. The facts, however, indicate that bribes amounting to only US$7.7 million had been paid into the account before the money had been paid out to the defendants. The remaining US$2.8 million in bribes ..read more
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Genocide and the Psychology of evil
Essays On Human Rights , Law & International Relations
by PJ
10M ago
Exploring the psychology behind genocide or mass atrocity; Do mass killers such as genocidaires and terrorists think differently from those who commit petty crimes? It is difficult to support the proposition that all criminals think alike; this is especially since the motivations and ideas behind the atrocities that offenders such as mass killers or genocidaires inflict on their victims seem vastly different to the thoughts and drives possessed by petty criminals such as shoplifters and fraudsters; vastly different at least in the way their thoughts manifest themselves in horrific harms inflic ..read more
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Are War Crimes being committed in Ukraine? Holding perpetrators accountable for atrocities
Essays On Human Rights , Law & International Relations
by PJ
11M ago
The ICC’s decision to open an investigation into possible war crimes commited in Ukraine The International Criminal Court (ICC) Prosecutor, Karim A.A. Khan Q, recently announced his decision to open an investigation into possible war crimes and crimes against humanity committed during the ongoing Ukraine war waged by Russia. Although Ukraine is not a signatory of the Rome Statute creating the ICC, it has ‘accepted the ICC’s jurisdiction over alleged crimes committed on Ukrainian soil from 20 February 2014 onwards.” Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine ..read more
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Juridifying the Death Penalty: A Morally Indefensible Choice
Essays On Human Rights , Law & International Relations
by PJ
1y ago
This article advocates against the execution of Nagaenthran A/L K Dharmalingam by the State of Singapore; Nagaenthran who has the IQ of 69 was convicted in 2009 by the High Court of Singapore for importing with intent of trafficking 42.72 grams of diamorphine and has spent more than a decade on death row. Nagaenthran was assessed by psychiatrists to possess an IQ of 69, a level of intelligence indicative of learning disability. As Human Rights Watch notes, ‘an I.Q. in the 60 to 70 range is approximately the scholastic equivalent to the third grade.'(See George S. Baroff, Mental Retardatio ..read more
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Conceiving Punishment as Moral Justice
Essays On Human Rights , Law & International Relations
by PJ
1y ago
This essay argues that although penological philosophies of punishment justifying judicially sanctioned imprisonment, corporal punishment and the death penalty appear coherent in themselves, they are contradictory when relied upon as a whole or in relation to each other. These philosophies of pain when applied in the real world fail to justify and legitimate the lived realities of contemporary technologies of punishment. This paper advocates an ethical approach to punishment; one that never loses sight of the humanity of the individual and their right to be treated as moral, rational beings ..read more
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Equity and Trusts: Conceptual and Evidential uncertainty (Part II)
Essays On Human Rights , Law & International Relations
by PJ
1y ago
In our previous analysis of Trusts powers we considered Lord Wilberforce’s interpretation of Bertram Baden’s deed in McPhail v Doulton as ‘establishing a fund to provide benefits for the staff of a company and their relatives and dependants‘. (McPhail v Doulton [1971] A.C. 424). His Lordship concluded that Baden’s deed did not evince a mere fiduciary power, but created a discretionary trust which the trustees were under a legal duty to carry out. The test for ascertaining certainty of objects or beneficiaries of discretionary trusts was deemed to be that applied by the House of Lords to fiduci ..read more
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Ratko Mladic’s Genocide conviction upheld in the Hague: A Vindication of the Rights of Victims in the Srebrenica massacre
Essays On Human Rights , Law & International Relations
by PJ
1y ago
A Century of Impunity? The 20th century’s morbid legacy of death and despair did not end with the First World War and the Shoah: the Holocaust claiming the lives of more than 6 million Jews and millions more Gypsies, disabled people and others deemed undesirable to Hitler and the Nazi State; Just decades later in the 1990’s thousands more were raped and massacred during ethno-religious wars plaguing the former Yugoslavia, while genocidal killings in Rwanda bore witness to approximately 800,000 men, women and children, mostly of the Tutsi ethnic minority slaughtered by the Hutus within a period ..read more
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