Commonwealth Law Bulletin Abstracts - December 2009

Judicial Misconduct

1 December 2009

R. E. Bell

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

Although judges are subject to the same human frailty as all other members of society, they must expect their conduct to be the subject of constant public scrutiny. This article examines instances of judicial misconduct in the USA. It considers various aspects of misconduct including humour, courtroom management, denigration of lawyers, racist speech, sexual harassment, acceptance of gifts, alcohol misuse, and financial conduct. These illustrations of misconduct by judicial colleagues are intended to serve as cautionary tales from which judges in other jurisdictions can learn lessons as they to seek to act in a manner that promotes public confidence.

Product Liability in Nigeria: Okwejiminor v. Gbakeji & Nigerian Bottling Co. Plc.

1 December 2009

Felicia N. Monye

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

This article is based on the recent decision of the Supreme Court of Nigeria in a case involving an ill-health resulting from the consumption of a bottled drink which contained a dead cockroach. The main issues considered were manufacturer’s duty of care; the liability of a retailer in negligence; burden of proof; and causation. Evidence showed that the drink manufactured by the 2nd respondent was sold by the 1st respondent to the appellant in the same condition in which it left the 2nd respondent. The Court held that in the circumstances of the case, only the 2nd respondent was liable to the appellant.

Guaranteeing the Guarantee Law in Pakistan: The UNCITRAL Convention on Independent Guarantees And Standby Letter of Credit

1 December 2009

Ahmad Ali Ghouri

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

This article intends to provide a comparative analysis of the UNCITRAL Convention on Independent Guarantees and Standby Letter of Credit and the relevant laws of three jurisdictions, i.e. UK, USA and Pakistan with a view to explain their similarities and differences. The objectives are indeed not to yield any innovative ideas but to shed light on the Pakistani law as compared to the international standards set forth by the UNCITRAL Convention and adherence to these standards by laws of advanced jurisdictions like UK and USA. After a brief description of standby letter of credit and independent guarantee, we shall introduce the UNCITRAL Convention, followed by a comparative analysis. In our conclusion we shall endeavour to justify the need for Pakistan to accede to the Convention or bring legislation to conform to international standards in the field of guarantee law. 

Legal Issues Surrounding Credit Card’s Fraud: A Critical study of Malaysian Laws

1 December 2009

Ahmad Nehaluddin

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

There is a need to understand the law that relates to credit cards, especially in the context of ever increasing credit card fraud. The possibility of such fraud over the internet effectively deters customers from effecting transactions online. This article will give an overview of credit card fraud and will further explore the legal remedies that exist against such fraud in Malaysia.

Banking Sector Reforms in Nigeria: Legal Implications for the Banker-Customer Relationship

1 December 2009

Nelson E. Ojukwu-Ogba

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

In 2005, the Central Bank of Nigeria introduced a programme of reforms which created a new minimum paid-up capital for all banks, from two billion Naira to 25 billion Naira; with a compliance deadline of 31 December 2005. This reduced the number of banks operating in Nigeria from 89 to what is now the 25 mega banks. However, the process equally threw up a major legal issue in terms of the impact on the bank-customer relationship. This article analyses the new reforms, their implications for the banker-customer relationship and concludes with proposals towards better achieving the objectives of the reforms. 

Taking Stock of the Practice of the Right to Freedom of Political Association in Tanzania: Constitutional Developments from 1992 to 2005

1 December 2009

Michael K.B. Wambali

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

This article is an analytical examination of how the major changes that took place in Tanzania in 1992 in the constitutional set up and political practice and organization, affected the freedoms of political association and assembly in the country. It begins by comparing the rights comprised in the Tanzanian Bill of Rights with similar provisions in other instruments at the international and regional level, as well as the constitutions of neighbouring countries. Moreover, the provisions of the Eighth Constitutional Amendment Act 1992 (Act No. 4 of 1992), which abolished the one-party political system are considered in detail. It is concluded that broad enjoyment of the freedoms of political association and assembly is a pre-requisite for the existence in a country of true democratic governance, because these freedoms are the bedrock of all other rights.

ISP Liability For Third Party Copyright Infringement: A Comparative Analysis for Setting International Standard Norms

1 December 2009

Harshita Bhatnagar and Vinay Vineet Mishra

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

Copyright law aims to balance the competing policy goals of encouraging creativity and allowing public access to information. The amazing capability of the Internet to promote the exchange of knowledge, information, and ideas on a universal scale has surely revamped the way people interact. It has been due to the internet that knowledge capital has been able to be communicated to others and recognized.

The rapid expansion of the Internet, however, greatly expanded the context in which copyright infringement can occur. The Internet, with its inexpensive access, quick downloads and forwarding capabilities allows users to effortlessly bypass copyright laws at a substantial cost to legitimate users.

The Internet Service Providers have played a very important role in the development of the Internet. Even as the Internet continues to evolve, ISPs largely remain the gateway through which end users access the vast flow of digital content travelling through cyberspace. Unfortunately, ISPs are at the receiving end of many disputes involving IPR violations. The difficulty in pinpointing the real culprit has resulted in a situation where the ISP is often taken to the court. The courts of United States and some other countries have confronted this issue since the early nineties. In 1996, the World Intellectual Property Organization concluded negotiations to introduce new rules and clarify existing rules in order to provide adequate solutions to the questions raised by new economic, social, cultural and technological developments. Subsequent to this, various countries like Australia, India, Singapore and the United States have enacted legislations in this regard.

This article reflects upon the evaluation of the legal environment of these countries and concludes with the proposal to set an international standard norm.

Combating Counterfeiting and Piracy The Commonwealth Initiative

1 December 2009

Margaret Bruce

Commonwealth Law Bulletin Vol. 35, No. 4 (2009)

This article explores developments in relation to counterfeiting and piracy in the Commonwealth against the background of the Draft Commonwealth Framework of Co-operation on the Enforcement of Intellectual Property Rights.