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Recent Decision (recent + decision)

Distribution by Scientific Domains
Law and Criminology60%

Selected Abstracts

Seeking the principle: chancels, choices and human rights

LEGAL STUDIES, Issue 2 2002
Ian Dawson
Chancel liability is an ancient property right, enforced by a Parochial Church Council, attaching to certain former rectorial lands. It requires a landowner to bear the cost of repair of the parish church chancel. The right poses particular problems for a purchaser, not least because it is hard to discover and is not limited to the value of the land. A recent decision of the Court of Appeal has found that a Parochial Church Council falls within section 6 of the Human Rights Act 1998 as a public authority, and that chancel liability infringes article I of the First Protocol of the European Convention on Human Rights. This paper will dispute the rationale used by the Court of Appeal, and in so doing will argue that whilst chancel liability is outmoded, widely regarded as incongruous and does not bear scrutiny in its modern context, it should nevertheless be removed on a principled basis, avoiding unwanted repercussions elsewhere in the law. [source]

OPEC nears production capacity

OIL AND ENERGY TRENDS, Issue 7 2007
Article first published online: 18 JUL 200
At first sight, OPEC appears to have a great deal of spare production capacity: over 5 mn bpd in all. On further examination, it is clear that most of this consists either of heavy crude oil for which there is little or no market under present conditions, or of capacity that is shut-in by violence and civil unrest. OPEC's effective spare production capacity is probably less than 1 mn bpd, which may account for its recent decision not to increase output during the second and third quarters of the year. It also makes it unlikely that OPEC will have much additional oil to offer already tight markets as demand undergoes its normal seasonal rise at the end of the year. [source]

An anti-history of a non-people: Kurds, colonialism, and nationalism in the history of anthropology

THE JOURNAL OF THE ROYAL ANTHROPOLOGICAL INSTITUTE, Issue 1 2009
Christopher Houston
In this article I seek to contest certain aspects of the 1960s revisionist history of the discipline of anthropology, narratives that can be accused ironically of an autocentric overestimation of the power of the imperial West in their very uncovering of its more or less hidden influence over the genre of ethnography and anthropological practice. Taking as my focus in this regard the case of the anthropology of the Kurds, I suggest that not only have Western ethnographic texts been relatively un-influential in the wider scheme of discourse about Kurds, but also that the recent decision of Kurdish publishing houses in Istanbul to translate and re-publish them indicates where in the present many Kurds feel an active ,colonial project' is continuing. The role and development of anthropology in Turkey, then, complicate this by now decades-old examination of the embeddedness of ethnographic discourse in Western modernist projects of political transformation. Résumé L'auteur de cet article cherche à contester certains aspects de l'histoire révisionniste de la discipline anthropologique qui avait cours dans les années 1960 et que l'on peut accuser, avec ironie, d'une surestimation autocentrée de la puissance de l'Occident impérial alors même qu'elle démasquait l'influence plus ou moins voilée de celui-ci sur l'ethnographie et la pratique anthropologique. Centrant son approche sur le cas de l'anthropologie des Kurdes, l'auteur suggère que non seulement les textes ethnographiques occidentaux ont eu relativement peu d'influence sur le discours général concernant les Kurdes, mais que la récente décision des maisons d'éditions kurdes d'Istanbul de traduire et de republier ces ouvrages indique dans quel domaine beaucoup de Kurdes sentent aujourd'hui encore un «projet colonial»à l',uvre. Le rôle et le développement de l'anthropologie en Turquie vient encore compliquer le problème, avec des dizaines d'années d'étude de l'inclusion du discours ethnographique dans les projets modernistes occidentaux de transformation politique. [source]

Top-up Payments for Expensive Cancer Drugs: Rationing, Fairness and the NHS

THE MODERN LAW REVIEW, Issue 3 2010
Article first published online: 7 MAY 2010, Emily Jackson
This article examines the implications for patient care, and for the future of rationing within the NHS, of the recent decision to permit NHS patients to supplement their care by paying for medicines , mainly expensive new cancer drugs , which are not available within the NHS. The starting point is the recommendations of the Richards' Report and their implementation through new guidance issued by the Department of Health and the National Institute for Health and Clinical Excellence. Practical challenges arise from the insistence upon the ,separate' delivery of self-funded medicines, and more flexible cost-effectiveness thresholds for end of life medicines may have repercussions for other patients. While undoubtedly part of the trend towards explicit rationing, top-up fees might also represent a significant step towards regarding the NHS as a core, basic service. Finally, the issue of top-up fees is located within the broader context of current cancer research priorities and persisting health inequalities. [source]

Sovereignty, Migration and the Rule of Law in Global Times

THE MODERN LAW REVIEW, Issue 4 2004
Catherine Dauvergne
This article argues that in the present era of globalisation, control over the movement of people has become the last bastion of sovereignty. This is important both to theoretical accounts of globalisation and to policy decisions by governments. Nation states threatened with loss of control in other realms are implementing a variety of ,crackdown' measures in questions of immigration. Issues of refugee law, illegal migration and skilled migration each challenge sovereignty in specific ways. While international human rights standards have made few inroads in questions of migration, recent decisions in England and Australia suggest that the rule of law may be emerging as a counter to traditional executive free reign in matters of migration law. [source]