5 MEND is one of the largest militant groups in Nigeria's Niger Delta. Communities have increasingly less confidence in the Nigerian state's ability to tackle the Boko Haram problem.
INTERNATIONAL LEGAL REGIME ON TERRORISM
This resulted in the establishment of the African Center for the Study and Research on Terrorism (ACSRT). It also aims for the effective implementation of the Convention on Preventing and Combating Terrorism and the Convention on the Suppression of the Financing of Terrorism.
ASSESSING THE ANTI-TERRORISM ACT 2011
Secondly, Article 1 (3) of the Act defines "act of terrorism" as an act which is carried out intentionally with malice, with premeditation and which:. a) may seriously damage a country or an international organization;. TPA 2011 requires evidence of intent to intimidate or influence the behavior of the population, government or international organization concerned.
SITUATING THE FIGHT AGAINST ACTS OF TERRORISM IN DEMOCRATIC GOVERNANCE
83 Human Rights Watch, October 2012, “Spiraling Violence: Boko Haram Attacks and Security Forces Abuses in Nigeria,” p. It is undoubtedly essential that the law is deemed transparently applicable to crimes committed by Boko Haram suspects and by rogue members of the JFT.
CONCLUSION
Other allegations of crimes committed by security forces in their response to Boko Haram terrorism include: a retaliatory attack on Maiduguri, Borno State and the Bama massacre. 86 That said, news reports of the dialogue between the FG and Boko Haram to grant amnesty for terrorist acts have divided the general public.
In Quest of a Legal Framework for Domestic Workers in Bangladesh
- INTRODUCTION
- CONSTITUTIONAL SAFEGUARDS FOR DOMESTIC WORKERS IN BANGLASDESH
- PROTECTION ENSURED BY ORDINARY LAWS OF BANGLADESH
- PROTECTION ENSURED BY THE JUDGMENT OF THE SUPREME COURT OF BANGLADESH
- PROPOSED LEGISLATION ON THE REGISTRATION AND PROTECTION OF THE DOMESTIC WORKERS IN
- RECOMMENDATIONS
- CONCLUSION
Since a significant part of domestic workers are children, the law is very important for the protection of their rights and interests. The recently passed Domestic Violence (Prevention and Protection) Act 2010 does not cover domestic workers under the purview of the Act.
Selected Legal Issues Concerning Surrogacy in Malaysia*
- FERTILITY RATE IN MALAYSIA
- MEANING OF SURROGACY
- LEGAL ISSUES
- COMPARISON WITH THE LAW IN OTHER JURISDICTIONS Having discussed the four legal issues that may arise as a result of a surrogacy arrangement,
- Guiding principles
The first legal issue that arises concerns the legal status of the child born as a result of a surrogacy arrangement. So the issue arose as to the legitimacy of the child and whether the child's father was Ah Chuck. The second legal issue that arises relates to the right to guardianship and custody of the child in question.
Therefore, if there is an issue regarding the upbringing of the child concerned, it must be decided by the court.
Directors’ Duties of Care, Skill and Diligence: An Analysis of Some Developments in Malaysia †
THE ENGLISH AND AUSTRALIAN HERITAGE
Malaysia's association with English company law began in the last quarter of the nineteenth century, when the Straits Settlements2 Legislature passed its first Companies Ordinance, based on the English Companies Act 1862. Malaysian law is not a code, and much of the law in Malaysia is derived from case law. English company case law is used in Malaysia because of s.3 of the Malaysian Civil Law Act 1956 which provides that English common law and equity as in force on cut-off dates specified in the Act shall apply where local circumstances apply permitted by the states of Malaysia and their residents.3 The cut-off dates are: (a) 7 April 1956 for West Malaysia, (b) 12 December 1949 for Sarawak and (c) 1 December 1951 for Sabah.
Another outcome of this link with English law is the continued interest in Malaysia in new developments in company law in England and other common law jurisdictions to which English company law jurisprudence has traveled.
DIRECTORS’ DUTIES: DEVELOPMENT OF THE LAW IN THE PAST TWO CENTURIES
English jurisprudence began to move away from Romer J's subjective standard in the closing years of the twentieth century. Section 214(4) of the Insolvency Act 1986 of the United Kingdom and its dual objective/subjective standard. Judicial rejection in the United Kingdom of the 'subjective' standard set out in Re City Equitable Fire Insurance Co Ltd and the.
It is our opinion that a director has a duty to the company to exercise reasonable care in the exercise of his office.
CODIFICATION OF THE LAW RELATING TO DIRECTORS’
A related development in Australia is the introduction of the business judgment rule as a possible defense for directors if they are alleged to have breached section 180(1). The double standard had the advantage that it properly took into account the different levels of the director's knowledge, skills and experience.44 The report recommended that the director's duty of care, skill and diligence be legislated and that the standard be judged by an objective/subjective test taking into account the functions individual director and the circumstances of the company.45 This recommendation of the legal commissions contributed to the enforcement of Article 174 of the Companies Act of 2006,46 which is a simplified and more precise version of Article 214(4) of the Insolvency Act of 1986.47.
DIRECTORS’ DUTIES OF CARE, SKILL AND DILIGENCE IN MALAYSIA
Until 200750 it was generally assumed that common law applied in Malaysia, as explained in Re City in relation to this area of law.51. Significantly, in relation to directors' care, skill and diligence, the report rejected the old common law subjective standard. This was because the UK approach clearly suggested the actual knowledge and experience of the director.
Returning to the objective standard as contained in the first paragraph of the provision, it can be said that this is the minimum standard that every director must meet.
DELEGATION AND RELIANCE ON INFORMATION PROVIDED BY OTHERS
Two new subsections (based on similar provisions in the Australian Corporations Act 2001 and the New Zealand Companies Act 1993) were added as subsections to s 132 of the Malaysian Companies Act 1965 to deal with the subject of delegation of duties/. Although s 132(1F) states that "the directors are liable for the exercise of such power by the delegate as if such power had been exercised by the directors themselves", s 132(1G) provides that they would not be liable for their delegates. misdeeds if they can show that:. a) they believed on reasonable grounds at any relevant time that the delegate would exercise the delegated power in accordance with the director's duties under the Companies Act 1965 and the company's constitution, and. It may also be noted that subsections (1F) and (1G) are not a complete codification of the common law on the subject.
Report of the Finance Committee on Corporate Governance83 and the Company Law Reform Committee.84 In 2007, the Companies (Amendment) Act 2007 inserted a new subsection (1C) into section 132 of the Companies Act 1965 dealing with this subject.
THE BUSINESS JUDGMENT RULE IN MALAYSIA A. The business judgment rule
The statutory business judgment rule would have applied to the officers mentioned in s 4, had Malaysia adopted s 180(2) of the Australian provision in its original form. In Australia, one of the requirements for the business judgment rule to apply (as stated in paragraph (d) of s 180(2)) is that the affected directors must "rationally" believe that the business judgment is in the best interests of the company is . When can a director's belief that his business judgment is in the best interests of the company be considered reasonable.
There is another important reason why this article supports the codification of the business judgment rule in Article 132(1B).
CONCLUSION
While it cannot be denied that codification may bring with it its own problems, this article submits that it is easier to derive the law, requirements and limits of the business judgment rule from a statutory provision such as s 132(1B) than from the English . case law on the same subject. The case law of the last years of the twentieth century and the recent inclusion of the objective/subjective standard as a statutory provision in the Malaysian Companies Act 1965 are indications that the courts and legislature take a serious view of the subject of directors' negligence. The business judgment rule as embodied in s 132(1B) may allay doubts among honest directors as to whether they would be liable for their company's losses if an honest and informed business judgment they had made in the interests of the company would have gone. mistake.
Furthermore, the enactment of s 132(1A) puts an end to the uncertainty that has governed this area of law in Malaysia.
The Development of the Anglo-Muhammadan Law in India
THE ANGLO-MUHAMMADAN LAW – DEFINITION
The name "Anglo-Mohammedan law" or "Mohammedan law" was "given to this branch of law by the Anglo-Indian courts"2 during the British rule in India, as Islamic law was called "the law of Muhammad, which was but a wrong definition"3, because Muhammad is a prophet and Islam recognizes God as the only lawgiver, although Muhammad can be considered as a lawgiver in relation to the Sunnah. Therefore, Anglo-Muhammadan law refers to the "branch of personal law" which British administrators applied "to those who belonged to the Muslim faith according to the tenets of their own school or sub-school".4 As personal law, Muhammadan law belongs to the private law and deals with and regulates the personal affairs of individuals, namely those issues that directly concern their personality,5 starting from their family and the environment in which they were raised; therefore they can also be called family laws.6. The distinction between schools and sub-schools mentioned here refers to the two main Muslim groups: Sunni and Shia.
Gledhill, “The Influence of Common Law and Equity on Hindu Law since 1800”, International and Comparative Law Quarterly, 1954, Vol.
ISLAM AND ISLAMIC LAW: ORIGIN, DEVELOPMENT AND SOURCES OF LAW
It follows that the two aforementioned texts constitute the main written sources of Sharia. 31 The following example clearly describes the different nature of Sharia compared to other legal systems. This fivefold classification of Allah's commandments is the framework upon which Shari'ah rests to govern the conduct of Muslims, although it does not technically lay down any legally binding provisions.
Emon, supra note 1, p. 334); to name a few examples, Joseph Schacht claims that the Prophet's traditions are forgeries and therefore cannot be trusted [J.
THE ANGLO-MUHAMMADAN LAW: DEVELOPMENT AND GROUNDS
However, over time this policy changed,52 due to the gradual consolidation of British power in India.53. 64 The formation of the framework of Anglo-Mohammedan law took place during the first century of British colonial power. In the last part of the sentence, there is an appeal to the Muslim community by Dr.
122 With regard to the transitional period of the Shariat law, see the judgment of the Supreme Court (India), C.
THE CONSEQUENCES OF THE ANGLO-MUHAMMADAN LAW
Consequently, what Indian Muslims are now left with is a hybrid legal system, biased in favor of the Common Law.136. As a result, the indigenous legal systems lost their primacy and were replaced by the study of the European ones. Finally, another unexpected development of Anglo-Mohammedan law, which was of a more subversive nature, concerned the issue of Muslim identity.
155 The peculiarity of the Anglo-Muhammadan Law case lies in its subject matter, namely Muslim family law.
