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The limits of refugee protection in mass influx situations: Are there exceptions to non-refoulement?
Get PDFThis decade has witnessed a striking rise in the number of refugees globally, a category of persons whom enjoy the right of non-refoulement, which dictates that no refugee or asylum seeker is to be returned to any territory where he or she may face persecution, torture, or other ill-treatment. This fundamental obligation is both of a customary nature and enshrined in numerous instruments, the most pertinent of which for the purposes of refugees being the 1951 Convention Relating to the Status of Refugees. Despite this, an alarming trend has emerged in the practice of states in direct contravention thereto. A number of states have sought to curb refugee movement and intake through, inter alia, bilateral agreements and forcible repatriation. In light of this, this article undertakes a critical examination of the principle of non-refoulement, with a view to demonstrating its patent inviolability. The article responds to the proposition that large-scale refugee movements may justify the institution of a system exempting states from honouring the international legal obligation at issue, to which it argues that there can be no viable grounds on which to derogate from the cornerstone of refugee protection. It first explores non-refoulement’s centrality to the refugee protection framework in international law, particularly focusing on the context in which the 1951 Convention was drafted, the normative character of the principle, derogations provided for in human rights treaties, and existing coping mechanisms. The paper thereafter critically assesses the conceivable theoretical and practical consequences of allowing exceptions to the cardinal rule in times of mass influx situations
Old Wines in New Bottles? Private Securities Litigation in China’s New Securities Law
Get PDFPrivate securities litigation has been very weak since the establishment of China’s stock market some 30 years ago. A new law on securities took effect in March 2020 and introduces some reformist changes to this area. This article will examine the likely effect of the new Securities Law on this form of litigation. In particular, it will examine China’s most celebrated ‘quasi-class action’ system, i.e. Special Representative Litigation. This procedure is borrowed from Taiwan’s non-profit organization model. The essay argues that, since the new Securities Law has made only limited efforts in addressing the primary reason for the weak private securities litigation, namely, lack of judicial independence, it is unlikely to make any significant changes to private securities litigation in China.
Keywords: private securities litigation; securities law; class action; cost of litigation; judicial independence
Profiles of Contributors to Articles, Review Article and Notes
No full textProfiles of Contributors to Articles, Review Article and Note
PhD Research in process
Get PDFRegister of current PhD research regarding an element of electronic evidence and electronic signatures
Completed PhD Research
No full textRegister of completed PhD research regarding an element of electronic evidence and electronic signatures
Case Transcript - Bates v Post Office Limited Costs Management Conference 23 October 2019
No full textCase Transcript - Bates v Post Office Limited
Costs Management Conference 23 October 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
The Post Office Horizon IT scandal and the presumption of the dependability of computer evidence
Get PDFThe Post Office Horizon scandal attracted my interest because of my extensive experience in IT audit and software testing. I have worked on fraud investigations, and also on developing and testing complex financial systems. The Horizon case covered many issues of which I have experience. I was dismayed at the Post Office’s poor control over their systems and their unprofessional conduct in investigations. However, the presumption of computer dependability, which both they, and the courts, relied upon to secure convictions, truly shocked me. All of my experience has taught me that this presumption is naïve and unjustifiable. This is a personal response to the Post Office Horizon scandal.
Index words: Post Office Horizon scandal; fraud investigations; poor control; presumption of computer dependabilit
Case translation: Belgium
Get PDF4 februari 2020 P.19.1086.N/1, Hof van Cassatie, tweede kamer (Court of Cassation, second chamber), 4 February 2020
Belgium; encrypted data; right to silence; refusal to reveal key to authorities; criminal offence; article 6(2) European Court of Human Right
