J. Morris, G.G. Gouriet and J.W. Head
The problem of rotating a single large mass through a given angular distance so that the performance shall meet given specifications is considered. Initially it is assumed that…
Abstract
The problem of rotating a single large mass through a given angular distance so that the performance shall meet given specifications is considered. Initially it is assumed that the general nature of the torque which can be applied is prescribed, but that certain parameters are at our disposal; the practical determination of the best values of the parameters is considered. For the analogous electrical problem, this is equivalent to determining the best values of certain resistances, capacitances and inductances in a given network containing variable elements. But in order to solve the problem it is more effective to make alterations and additions to the network, so that it becomes equivalent to one having the required performance, and the way in which this can be achieved for the single rotating mass is discussed. The restriction to a single‐mass system is merely for convenience and simplicity; the procedure here discussed is perfectly general.
The long controversy that has waxed furiously around the implementation of the EEC Directives on the inspection of poultry meat and hygiene standards to be observed in poultry…
Abstract
The long controversy that has waxed furiously around the implementation of the EEC Directives on the inspection of poultry meat and hygiene standards to be observed in poultry slaughterhouses, cutting‐up premises, &c, appears to be resolved at last. (The Prayer lodged against the Regulations when they were formally laid before Parliament just before the summer recess, which meant they would have to be debated when the House reassembled, could have resulted in some delay to the early operative dates, but little chance of the main proposals being changed.) The controversy began as soon as the EEC draft directive was published and has continued from the Directive of 1971 with 1975 amendments. There has been long and painstaking study of problems by the Ministry with all interested parties; enforcement was not the least of these. The expansion and growth of the poultry meat industry in the past decade has been tremendous and the constitution of what is virtually a new service, within the framework of general food inspection, was inevitable. None will question the need for efficient inspection or improved and higher standards of hygiene, but the extent of the
The Criminal liability of trade unions and their members.
Enforcement as a concept imports compulsion to comply with a particular norm. Of course, the nature of enforcement might vary considerably with the norm in question or society…
Abstract
Enforcement as a concept imports compulsion to comply with a particular norm. Of course, the nature of enforcement might vary considerably with the norm in question or society within which action is desired. Professor Gower, in his ‘Review of Investor Protection’, expressed the view that a rule that could not be or was not enforced brought the system, within which that rule was supposed to operate, into disrepute. Whether this is true or not may be a matter for debate. Most systems of control envisage rules that in practical terms are unenforceable, but that are expected to have a normative or educational effect. Such functions, in the context of securities regulation, may be thought to be of some significance. Thus, the fact that simply because a rule cannot either in its terms or in practice be sanctioned by a predictable and determinate action intended to promote compliance, does not necessarily undermine that rule let alone the system within which it exists. To assume without more that a rule that cannot be enforced is not a legal rule, or to be precise a rule of law, while no doubt appealing enough to the positivist school of jurisprudence, is simplistic and outdated. Furthermore, in the context of the sort of economic regulation that we are discussing, whether a rule is characterised as one of law or not may or may not have significance. While there is a problem with determining the appropriate degree of interface between rules bearing differing qualities, purely in terms of achieving a defined regulatory objective it might well be that a rule which is not law in the formal sense of having been promulgated by an authority with legislative power, promotes a satisfactory degree of compliance. Therefore, many of the rules that pertained prior to the creation of the regime of regulation under the Financial Services Act 1986 were essentially non‐legal in the sense that they did not carry determinate sanctions ordained by a legal process consequent upon a violation and were not promulgated by an authority with legislative power. However, to dismiss them because they were unenforceable at law would give a very false picture of the efficacy of what was for many years a satisfactory regulatory structure. Even today, although the interrelationships of legal and non‐legal rules is very much more complex, it is still the case that significant areas of regulation have been left to non‐legal authorities.
The factors which influence costs of production of food and the prices to the consumer have changed dramatically during this century, but especially since the establishment of…
Abstract
The factors which influence costs of production of food and the prices to the consumer have changed dramatically during this century, but especially since the establishment of trading systems all over the world. Gone are the days when the simple expedients of supply and demand alone governed the situation. The erosion of these principles began at the turn of the century, mainly as a result of the introduction by the rapidly developing industrial power of the USA to protect her own industries against the cheaper products of European countries. They introduced the system of tariffs on imported manufactured goods; it grew and eventually was made to apply to wide sectors of industry. European countries retaliated but the free trade policy of Britain's Liberal government was making the country a dumping ground for all other country's cheap products and surpluses.
Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this…
Abstract
Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this purpose. Most of the attention has been on financial services, but there have been recent developments in the UK planning system, which provide interesting parallels.
Alana Malinde S.N. Lancaster and Lyndon F. Robertson
This chapter examines the characteristics, challenges and prospects of environmental governance and participation in issues pertaining to human health and the ocean in the CARICOM…
Abstract
Purpose
This chapter examines the characteristics, challenges and prospects of environmental governance and participation in issues pertaining to human health and the ocean in the CARICOM Caribbean region.
Design/methodology
Utilising the fisheries sector – one of the principal economic, social and environmental drivers relating to the marine environment in the Caribbean region – we discuss the concepts of hierarchical governance in contradistinction to heterarchical governance. This is done through a socio-legal analysis of the predominant top-down model of governance, a discussion of the successes and shortcomings of bottom-up governance and a proposal for more inclusive participation methodologies in the region.
Findings
While the paradigm of new collaborative environmental governance was birthed in the aftermath of the 1985 Brundtland Commission Report, and moreso since the 1992 Rio Conference, this analysis will show that governance of the marine resource, and consequently how the individual is juxtaposed within this matrix, has not shifted from a position of hierarchy to one of heterarchy, as prescribed by the governance literature. Indeed, the structures for governance remain largely top-down in nature and while many states have begun to embrace more inclusive and participatory methodologies many of these interventions will need to be bolstered if the governance of the region’s marine resources is to progress from traditional top-down to more inclusive and representative typologies.
Practical implications
These concepts, when applied to the subject of environmental governance, will demonstrate that there needs to be an improvement in participatory environmental governance in the CARICOM region if the integrity of human health and the ocean is to be maintained. Importantly, while these methodologies strive for the formulation prescribed in Principle 10 of the 1992 Rio Declaration, and most famously exemplified in the 1998 Aarhus Convention, issues of environmental advocacy, transparency, inequality and justice need to be reconceptualised, if the region is to see prudent governance of the interface between humans and the ocean.
Originality/value
This research takes established concepts on the issue of locus standi in the common law legal tradition and juxtaposes it within the emerging paradigm of ecohealth and environmental governance. This conceptual framework has identified both the prospects and problems of environmental governance in the Caribbean region and may provide the basis for further research as well as more inclusive and sustainable environmental governance.
The purpose of this paper is to assess the issues raised by and the possible long-term significance of the judicial review obtained by the pressure group UK Uncut into HM Revenue…
Abstract
Purpose
The purpose of this paper is to assess the issues raised by and the possible long-term significance of the judicial review obtained by the pressure group UK Uncut into HM Revenue and Customs’ decision to forgive £10 m of interest payable by the investment bank, Goldman Sachs.
Design/methodology/approach
Using Lukes’ (2005) three dimensions of power as a conceptual framework, the paper compares this case with a similar case from the 1980s in order to discuss the importance of democratic oversight of the way in which public bodies discharge their duties, the extent to which this should override the principle of taxpayer confidentiality and the extent to which legal rules and procedures permit such oversight.
Findings
The comparison shows that, by permitting the review to proceed, greater weight was given to the importance of democratic oversight in the UK Uncut's case, but the rejection of both cases demonstrates that the tax authority is permitted very wide administrative discretion. However, whilst UK Uncut's challenge ultimately failed, it exposed aspects of the tax authority's relationship with large taxpayers to public gaze. This has contributed to demands for changes in the taxation system, which legislators might eventually feel forced to heed.
Originality/value
This paper reminds that any significant shift in public attitudes must always have a beginning, and that, even if the challenge fails, it might be the first tangible evidence of a demand for greater transparency in the administration of the tax system which might lead to future changes.
Details
Keywords
The purpose of this study is to provide an overview of some of the deficiencies in the criminal justice system in Jamaica, particularly relating to financial crime. The author…
Abstract
Purpose
The purpose of this study is to provide an overview of some of the deficiencies in the criminal justice system in Jamaica, particularly relating to financial crime. The author also examines possible alternatives in the approach that may be taken in tackling financial crime.
Design/methodology/approach
The methodology used was a review of data on financial crime in Jamaica as well as recent significant cases. An analysis of key pieces of legislation was also undertaken. In some instances, a comparative approach was invoked, with special reference to the UK and US laws.
Findings
Some essential findings include the positive impact that may be gained from restorative justice principles, the effective enforcement of asset recovery provisions and stricter regulation of the financial services industry.
Originality/value
There is no similar comprehensive examination of these issues concerning Jamaica.