Distributed ledger technologies: legal and privacy challenges

I. THE CONCEPT OF DISTRIBUTED LEDGER TECHNOLOGIES1 AND ITS LIMITATIONS Over the past year there has been a measurable increase in interest related to cryptocurrency systems by financial institutions and governmental organizations.2 For instance, many private banks including Barclays, have their in-house teams exploring this technology. Yet, in conversations with some of the researchers and … Read more

Which one of the three legal systems handles the limitation of free speech better?

Which one of the three legal systems handles the limitation of free speech better? The model that handles the limitation of free speech best would be the German legal system. This is based on Germany’s provisions against genocide, hate speech, and the expansion of false news. Particularly, their history in relation to genocides such as … Read more

The right to be forgotten

On May 13, 2016, the European Union court made a decision on a case where a citizen from Spain sued Google Inc. that Google’s search result was an infringement of privacy, giving all of the citizens in the European Union “the right to be forgotten”.(fact sheet) The right to be forgotten is a new concept … Read more

The doctrine of Kompetenz-kompetenz

The term arbitration in itself cannot be universally defined. This is so because every legal system has its own definition catered to its personal requirements. Each jurisdiction thus, decides its own terms for determining the subject matters of arbitration, who may have the power to arbitrate and how the arbitral process must be carried out. … Read more

The relationship between domestic and international law

Domestic laws can be defined as a set or system of rules in which a country recognises as it a regulatory function toward members of its society which may be enforced through the use of penalties. With the sole exceptions of the United Kingdom, Israel and New Zealand, most other countries base their domestic laws … Read more

Analysis of Grant & Anor v The Ministry of Justice

Grant is the leading case, which decided in the High Court, dealing with the compatibility of certain prison conditions, particularly, ‘slopping-out’ with Articles 3 and 8 of the European Convention on Human Rights (ECHR). Summary of facts:- Following the decision in Napier v The Scottish Minister , in which the Court of Session in Scotland … Read more

CAS (Court of Arbitration for Sport) – force majeure

CAS has largely adopted a civil law approach while dealing with force majeure provisions. According to CAS jurisprudence, force majeure implies an objective impediment and not a personal one that is beyond the control of the “obliged party”, that is unforeseeable, that cannot be resisted, and that renders the performance of the obligation impossible. The … Read more

Section 7 of the Matrimonial Property Act

1. RESEARCH QUESTION Does section 7 of the Matrimonial Property Act on division of matrimonial property based on contribution towards its acquisition upon dissolution of marriage conform to the Constitution? 1.1. BACKGROUND INFORMATION The Constitution enunciates that the parties to a marriage are entitled to equal rights at the time of the marriage, during the … Read more

Sex work in The Democratic Republic of Congo (DRC)

Sex work in The Democratic Republic of Congo (DRC) is composed of many human rights violations that have gone unaddressed by the government. Discrimination against sex workers in DRC is as much an issue as the discrimination faced by other marginalized groups along lines of class, caste, race and religion. The Netherlands however has found … Read more

History of American Law to 1877

1. In the period before 1877, how did the law balance relationships and conflicts between employers and free (non-slave) employees? (2) Relationships and conflicts between employers and employees have held a fairly consistent direction in the period before 1877. That is to say, the law generally ruled in favor of employers. Whether it be indentured … Read more

Are Provincial Public Procurement Laws in harmony with Federal Public Procurement Laws?

PREFACE The subject for Individual Research Paper assigned to me as participant of 24th Senior Management Course at National Institute of Management (NIM) Karachi, was “ A Comparison in Federal and Provincial Procurement Laws/Rules; suggestions for improvement.” Public procurements are actually the purchases made by government and state-owned enterprises of goods, services and works. The … Read more

Impact of Covid-19 on employment and rights

Millions of migrants lost their jobs overnight due to the lockdown decision to combat Covid-19, one common enemy for all. The Pandemic has hit hard on the stock markets, leaving a dark impact on entire world’s economy. While nearly all sectors experienced losses, those with the most public exposure are worst hit. The aviation, travel, … Read more

Risks a journalist may encounter when reporting on a murder trial

When writing articles, journalists can rely on freedom of press which is protected by various common law defences. In 1950, freedom of expression was included for the first time in the European Convention of Human Rights and Fundamental Freedoms (ECHR). Since then, journalists have been considered the ‘public watch-dogs’ of a democratic society. Today, common … Read more

The Violent Crime Control and Law Enforcement Act of 1994

The Violent Crime Control and Law Enforcement Act of 1994 was written by Senator Joe Biden of Delaware, sponsored by Jack Brooks of Texas, was passed by Congress, and signed by President William Clinton on September 13, 1994. This crime bill was the largest in US history at that time and was intended to be … Read more