'Lets Tax the people for the Government's mistakes...'

Up to ten former Guantánamo Bay detainees are set to receive a compensation package that could cost British taxpayers millions of pounds. The Government is ready to pay compensation to the former prisoners in settlement of a High Court action after two weeks of intensive negotiations, The Times has learnt. One former detainee is in line to receive more than £1 million after the Government agreed to settle the claim brought by former Guantánamo prisoners and others, according to a report by ITV’s News At Ten. With legal costs, the final bill for compensation could reach £10 million and one lawyer speculated that there would be “little change out of £20 million.”[1]

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[1] F Gibb, S Coates, the Times ‘Taxpayers foot £10m bill for Guantanamo inmates’, 15 Nov 2010  http://www.thetimes.co.uk/tto/news/

Summary of Child Labour Essay (task for workshop 5)

Child labour arose as a solution to cheap labour cost for the production based sectors since the mid-80s and 90s. Surprisingly till date 1 out of 12 children is now a child labour globally.[1]

Currently there are many international organisations fighting back this cruelty on children. One of them is the International Labour Organisation (ILO). Initially ILO’s main instrument against child labour has been the Convention No.138-Minimum Age required for employment. Gradually the Convention No.182 prohibiting the Worst Form of Child Labour, like slavery, trafficking, prostitution was introduced.[2]

Unfortunately the ratification rate of such conventions in developing countries, for example in Asia was much less than in developed countries. Nevertheless the ratification of child labour convention have boosted up dramatically in the last decade.[3] Moreover, economists have taken further policies, to restrict underage employment i.e. to put total or marginal ban on child labour; also setting penalties for using child labour. Even then loopholes remain considering the fact that illegal employment activities cannot be monitored properly.[4] Furthermore, the government’s failure to implement conventions properly into their national legislations and domestic implementation of those legislations holds back the effectiveness of ILO.[5]

Besides the ILO the United Nations Convention on the Rights of the Child (UNCRC) provides certain basic fundamental rights for the children. It ensure the children’s right to life, education, express their opinion, protection from abuse or exploitation and the right to play and enjoy culture and art.[6] In 2000 two additional protocols were introduced that provided children under the age of 18 should not be forcedly recruited into armed force, and the second, demands the states to prohibit child prostitution, pornography and sale of children into slavery. This ‘new’ protocols have already being signed by more than 120 states and are also allowed to be monitored by non-governmental organisations such as the ‘Save the Children’ organisation under Article 45a of the Convention.[7]

Although there are many nations which have signed this convention are bound to fulfil these rights and protect them, there is still violation of these rights, and proof of the fact is clearly visible around the world. This is a powerful struggle going on by the UN and other child protecting organisations against child labour, however, illegal child labour cannot be disappeared from one day to another.

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[1] End Child Exploitation – Child labour today, http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf

[2] The Effect of ILO Minimum Age Conventions on Child Labour and School Attendance: Evidence From Aggregate and Individual-Level Data http://www.sciencedirect.com/science?_ob=MImg&_imagekey=B6VC6-4Y4XCW0-1-5&_cdi=5946&_user=122879&_pii=S0305750X09002381&_origin=article&_coverDate=05%2F31%2F2010&_sk=999619994&view=c&wchp=dGLbVtb-zSkzV&md5=67d6419d9cdabef6859cd71daead1807&ie=/sdarticle.pdf

[3] Ibid

[4] Ibid

[5] Ibid

[6] The United Nations Convention on the Rights of the Children http://www.savethechildren.org.uk/en/child-rights_9528.htm

[7] Ibid

Prisoners' Health v Prisons' Wealth

A strong argument made by the Chief Inspector of Prisons was the reason to ignite the spark for closing six prisons. Specifically, the words used to describe the state of prisons were ‘hellish’ with ‘filthy condition’. Taking these words in account, Kenneth Clarke prepares to enact a huge budget reduction at the Ministry of Justice. Officials are drawing up a Green Paper to overhaul sentencing, aimed at reducing the number of offenders behind bars. The move, a reversal of the previous Government’s plans to increase spaces from the current 88,000 to 96,000, will fuel unease among Conservatives that Mr. Clarke, the Justice Secretary, is leaving the party vulnerable to attack over law and order.

A big and risky step in my opinion, but, acceptable. Conditions of prisoners must be taken in consideration as they should not be kept in such conditions. After all they are human, not animals in a stable. The only concern however is if the rumors are true that about 10,000 jobs will be lost in England and Wales.[1]

posted by Ioannis Masonos

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[1] Ford, R. & Sylvester, R., the Times, ‘Clarke to close six prisons in bid to send fewer to jail’,  November 6, 2010

From Brutal Death to 'Fair' Death..

How can this even be possible? We are in the year 2010 and still in some countries there is death penalty. No man can play God and doom another and force him to death; only God decides that. Yet, in some countries the authorities deem to enforce the medieval customs.

In Iran a woman named Sakineh Mohammadi Ashtiani, mother of two children, has been found guilty for murdering her husband (which she did not commit) and adultery (with her cousin; but she did not admit). The actual murder was performed by her cousin, but even if she had murdered her husband, every human being has the fundamental right to life according common sense and the Convention on Human Rights. Since she was an accomplice to the murder, a more logical sentence would by life-imprisonment.

Iranian authorities announced that Ashtiani would be executed by the savage and brutal method of stoning, public stoning, but with the help and interference of the UK authorities, Iranian authorities are now willing to hang her instead of the first sentence.

My personal opinion is that all of these are nonsense and the UK should take a more serious view of the facts and try to stop the Iranian government from killing this woman instead of finding alternative solutions for the way this woman should die. The woman has a right to live and only God can take that right from her. In the USA the psycho killer Charles Manson has the right to live and this woman has not. Is this woman more dangerous to society than Charles Manson?

However, in Iran executions are part of their legal system and are performed in cases of murder, drug trafficking, adultery, armed robbery, apostacy and rape. I think that life-imprisonment is a more decent solution and I think that it is a tougher sentence than death, although it looks softer, because the murderer or rapist will live in a cell for the rest of his life drowning in guilt and then die, while with a death penalty he skips the torture of prison (which is like hell in my opinion).   

Check the links below for more information:

http://www.dailytelegraph.com.au/news/world/iran-stoning-case-woman-to-be-hanged-for-murder/story-e6frev00-1225931453022

http://www.telegraph.co.uk/news/worldnews/middleeast/iran/7940805/Iran-stoning-woman-to-be-executed-after-confessing-to-murder-on-state-TV.html

http://www.thetimes.co.uk/tto/news/

posted by Ioannis Masonos

Cargo Bomb

A bomb device was yesterday (29 October) discovered on a UPS freight plane at East Midlands airport. The bomb was made in a form of a printer toner cartridge filled with white powder and it was discovered that it was also a ‘viable’ one. The bomb had a great chance of exploding while the plane was flying.[1]

The Home Secretary, Theresa May stated that: ‘The target may have been an aircraft and had it detonated the aircraft could have been brought down’. Speaking after a meeting of Cobra, the Government's emergency planning committee, the Home Secretary added: ‘We do not believe that the perpetrators of the attack would have known the location of the device when it was planned to explode.’ In addition, all unaccompanied air freight from Yemen have been halted and Yemen authorities have reported that they have arrested 26 suspects.[2]

In my opinion, if this action is proven to be a terrorist act, then States should take more serious measures on searching planes either public or cargo. It seems that the terrorists have changed their methods from public planes to freight planes in order to catch the authorities in sleep, but luckily, proper investigation has been made and tragic incidents were avoided.

Posted by Ioannis Masonos

[1] Sadie Gray, The Times, ‘East Midlands Package was ‘Viable’ Bomb’, 30 October, 2010 http://www.thetimes.co.uk/tto/news/

[2] David Harrison, Telegraph, ‘Bomb found on cargo plane in UK ‘was viable’’, 30 October, 2010 http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/8098779/Bomb-found-on-cargo-plane-in-UK-was-viable.html

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Kosovo style...

As ‘Kosovo-style social cleansing’ was the Government’s housing benefit cuts been

characterised by Boris Johnson, Mayor of London, resulting in flaming up the tensions

between him and Prime Minister of the United Kingdom, David Cameron. Mr. Johnson

argued that such cuts would force the poor out into the suburbs.[1] In response, Mr.

Cameron’s official spokesman stated that the Prime Minister was angered by the

Mayor’s comments and also dissatisfied by the way he characterised his statements.

Additionally, urban MP’s were also frustrated with Mr. Johnson’s intervention.[2] But

what if his words are proven true? That would mean that many poor people living in

the major cities will have to leave...

 
Posted by Ioannis Masonos

[1] Rosa Prince, Political Correspondent, Telegraph, ‘David Cameron scolds Mayor of London Boris Johnson over ‘Kosovo’ comment’, October 28, 2010 http://www.telegraph.co.uk/news/newstopics/borisjohnson/8094151/David-Cameron-scolds-Mayor-of-London-Boris-Johnson-over-Kosovo-comment.html

[2] Philippe Naughton, the Times, ‘Johnson fuels Cameron row with ‘Kosovo’ gibe on cuts’, October 28, 2010 http://www.thetimes.co.uk/tto/news/

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Summary of Fair Trade Essay (task for workshop 4)

The concept of Fairtrade has been active for about four decades now and consumers all around the world are aware of the benefits that Fairtrade claims to bring about since they advertise these benefits on their products. Moreover, the concept of Fairtrade seeks to ensure that the producers are receiving their share of fair price and help these producers evolve since they are from third-world countries. However, in practise, it is questionable whether the initiatives of fair-trade are fulfilled and achieved the fairness of this concept.

Many consumers are satisfied by purchasing products marked and certified by fair trade, since it ensures them that a fair price has been paid to the producers. For example, a cup of coffee printed with the fair-trade mark at Starbucks. Any coffee-drinker would assume his or her contribution to the economic development of the coffee producer back in Africa. This is affirmed by the Fairtrade Labelling Organisation which shows an increase of employment rate in Eastern Africa.

Meanwhile, with such economic progress, one may question the ‘true’ effect of fair-trade considering the fact that poverty and unemployment still exists substantially. As Dr. Alastair Smith implies that the producers and workers are being encouraged by fair-trade to live in poverty for the rest of their lives and are being stopped from growing beneficially. The ‘real prices’ of goods which are certified by FLO have been falling continuously whereas the ‘real prices’ of goods which are manufactured are rising. As suggested by Dr. Smith, it seems that the producers in third-world countries will remain poor while the manufacturers in wealthy countries will get richer at the poor’s back. This fact can be seen represented in the publication of Madeleine Ace, where Oxfam, another fair-trade organisation, accused Starbucks for actively blocking Ethiopia’s trademark bid for the reason that the company sold a pound on coffee beans up to $26 ( £13.40) while growers selling to Starbucks earned between 75 cents and $1.60 a pound.

With such facts in view can a coffee-drinker still think that he is contributing to the economic development of under developed countries?

However, although there are some loopholes, the concept of fair-trade focuses on gradual development and it is for this fact that such countries will need time until they are titled to be a rich industrially developed country.

Consideration Case - Contract Law

Stilk v Myrick [1809] EWHC KB J58 has been my favourite Contract law case for a long time. It is the main case used by the UK courts to emphasise that when a person is obliged to perform a duty under a contract, any new promise (consideration) made towards him by his contractor under the same terms, (to perform exactly the same terms of the original contract) can not amount as valid.


The Case:


Stilk was contracted to work on a ship owned by Myrick for £5 a month, promising to do anything needed in the voyage regardless of emergencies. After the ship docked at Cronstadt two men deserted, and after failing to find replacements the captain promised the crew the wages of those two men divided between them if they fulfilled the duties of the missing crewmen as well as their own. After arriving at their home port the captain refused to pay the crew the money he had promised to them.


The defense, represented by Garrow, argued that the agreement between the captain and the sailors
was contrary to public policy, and utterly void. In West India voyages, crews are often thinned greatly by death and desertion; and if a promise of advanced wages were valid, exorbitant claims would be set up on all such occasions.


This ground was strongly taken by Lord Kenyon in Harris v Watson (1791), where that learned Judge held, that no action would lie at the suit of a sailor on a promise of a captain to pay him extra wages, in consideration of his doing more than the ordinary share of duty in navigating the ship; and his Lordship said, that if such a promise could be enforced, sailors would in many cases suffer a ship to sink unless the captain would accede to any extravagant demand they might think proper to make.

Stilk v Myrick [1809] EWHC KB J58 is a leading judgment from the British High Court on the subject of consideration in English contract law. In his verdict, the judge, Lord Ellenborough decided that in cases where an individual was bound to do a duty under an existing contract, that duty could not be considered valid consideration for a new contract.

Oscola

      Check this out, I have found an essay on the web that shows how to use OSCOLA referencing. I have found it very useful and I think you will find it too...
http://www.port.ac.uk/library/guides/filetodownload,110060,en.pdf

Introduction

        This is my blog which I made for the purposes of my University and more specifically, the course of Legal Research in Commercial Law. I am currently studying my LLM in International Commercial Law at the University of Nortumbria. This blog will mostly relate to Law as you can see from the title which I chose. The quote 'Dieu et Mon Droit' means in English 'God and my right' and I have chose it because I saw it in a Magistrates Court in England when I went to visit. Additionaly, this quote is also the motto of the British Monarch as you can find it on the Royal coat of arms of the United Kingdom and hopefully I will not get sued by the Queen since I can not afford it.
       Furthermore, my personal goals after I hopefully graduate are to work in a Law firm that will trade with foreign countries and which will be established either in Cyprus which is also my homeland either in an other country.