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In the Foreword to the first Annual Report of the Commissioner for the Rights of Trade Union Members, Mrs.Gill Rowlands says “As Commissioner I am able to provide material…
In the Foreword to the first Annual Report of the Commissioner for the Rights of Trade Union Members, Mrs.Gill Rowlands says “As Commissioner I am able to provide material assistance to union members contemplating or taking certain proceedings in connection with … matters specified [in] … the 1988 Act. If assistance is granted, the applicant will know that he/she will not be placed at a disadvantage by a lack of ability to obtain legal advice or pay legal costs in connection with those proceedings.”
This chapter examines the prevalence of justiciable civil justice problems experienced by Canadians, the ways in which people respond to them and the consequences of experiencing these kinds of problems. The results show that experiencing justiciable problems is a nearly normal feature of the everyday lives of a large proportion of the population in a modern society. Particularly, important features of justiciable problems are the prevalence of multiple problems, the clustering of justiciable problems and the linkages between justiciable, health and social problems. The results suggest that justiciable problems may be a part of broader patterns of social exclusion. One implication of this research is that access to justice services may not only address legal problems but, by doing so, may have the effect of forestalling processes of social exclusion of which civil law problems are a part.
Extreme events are the occasion for many people’s encounters with climate change. Though causation is complex and no one event is directly attributable to climate change…
Extreme events are the occasion for many people’s encounters with climate change. Though causation is complex and no one event is directly attributable to climate change, when we consider Cassandra, we can consider what people encounter in assistance after an extreme event. This chapter takes the case of assistance to displaced people after Katrina to explore how care and surveillance were intertwined. Methods include analysis of government documents as well as interviews. When we consider assistance people receive, we often focus on the intended assistance and how it worked or did not. Evaluation is difficult, not least because criteria for determining what it means to work are uncertain. However, if we include the process of gaining assistance as part of the experience, we broaden concerns from the instrumental outcomes to the mixed messages people get in assistance. Assistance appears in a context, where the most vulnerable people have reasons to mistrust government and nonprofits, and where in the United States assistance has come intertwined with supervisory rules, a focus on getting people to work, and a need to manage criminal histories. Trust in government may be limited, emergency care can operate outside ordinary legal frameworks when providers are new, and legal accountability for assistance may be experienced as confining, despite caregivers’ intent.
This paper provides a detailed analysis of the various means available to US authorities for obtaining foreign evidence and other types of international assistance in…
This paper provides a detailed analysis of the various means available to US authorities for obtaining foreign evidence and other types of international assistance in money laundering cases. The means analysed here include mutual legal assistance treaties (MLATs) and similar processes; multilateral treaties; tax information exchange agreements (TIEAs) and tax treaties (for a narrow range of money laundering offences); court‐sponsored procedures for taking foreign depositions, including letters rogatory; the use of unilateral compulsory measures, such as subpoenas, for obtaining foreign evidence, and the use of FinCEN and Interpol resources. The initiatives of the G7, the Financial Action Task Force and the OECD regarding international cooperation in money laundering matters are also briefly treated.
Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in…
Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in late 2019 and early 2020, have had catastrophic social and economic impacts on people, animals and places in rural areas. In the aftermath of disasters, people by necessity must inevitably avail themselves of legal advice and services: to negotiate new business contracts; re-mortgage property; access wills and testaments; attend court; and for a host of other matters. In rural communities, where access to legal services is already limited by distance and circumstance, disasters create increased demand, and access issues are accentuated. This chapter explores access to justice issues in post-disaster context and as they relate to rural, regional and remote communities. It draws upon post-disaster experiences nationally and internationally, outlining responses to improve access to legal services past and present, identifying effective responses. It argues that rurality creates additional barriers and reduces access to justice, and that disasters exacerbate existing access issues as well as creating new challenges.
The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to…
The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on money laundering and terrorist financing, set by the Financial Action Task Force and relevant international conventions that Vietnam ratified. To limit the scope of this paper, the analysis focuses on the confiscation of proceeds of domestic crimes that do not require international legal assistance. This paper concludes with recommendations for improving the legal framework on criminal asset recovery in Vietnam.
This is a doctrinal study that considers the applicable legal framework. This study is supported by brief case studies of major cases involving the confiscation of proceeds of crime.
Vietnam has a functioning asset confiscation regime but gaps in the law, lack of financial investigation expertise and lack of focused investigative attention on asset preservation and confiscation are hampering its effectiveness. The key gaps can easily be closed with appropriate amendments to the law. These reforms should be combined with a dedicated skills development program to produce sufficient number of financial investigation experts and criminal asset management experts to support the regime. The training should extend to judicial officers to ensure an appropriate understanding of the asset confiscation law. Reforms such as these should follow on a comprehensive review of Vietnam’s law and practices relating to the confiscation and forfeiture of criminal assets. This review should extend to assets linked to the financing of terrorism and proliferation to ensure that Vietnam has a comprehensive regime to deal with criminal assets.
This paper draws on publicly available information regarding the confiscation of proceeds of crime in Vietnam. Little data is available on asset confiscation and that prevents an in-depth assessment of the regime.
This paper highlights gaps in the current asset confiscation regime and proposes reforms and approaches that will ensure a more effective asset confiscation regime for Vietnam.
Those who would establish high-growth businesses (HGBs) in rural settings face significant challenges. We report findings from more than 80 in-depth interviews regarding…
Those who would establish high-growth businesses (HGBs) in rural settings face significant challenges. We report findings from more than 80 in-depth interviews regarding the obstacles that rural HGBs face and identify approaches for overcoming these obstacles. First, interviews confirm the need for improved access to a full range of financing options to support HGBs across different development stages. Second, HGBs need in-depth, sophisticated technical assistance, which is generally unavailable in rural areas. Finally, cooperation among financial and technical service providers is vital to program success. Based on these findings, a model is proposed for successful development of HGBs in rural areas.
Examines access to justice, within the Australian context of an adversarial system, from a consumer’s perspective. It is argued that the current system of justice…
Examines access to justice, within the Australian context of an adversarial system, from a consumer’s perspective. It is argued that the current system of justice represents the most conservative element of Australian society and that the courtroom discourse structure and the legal professional code of practice do little to ensure access to justice or quality of service. Inequality in communication and in the distribution of wealth, affecting all spheres of social life, especially the legal system, pose major barriers to access to justice. Stemming from these two principal barriers to equality in access to justice, a multitude of other barriers are perceived to exist. These perceived barriers are magnified by various platforms of social and political analysis as well as historical, contextual factors and administrative action. Attention is drawn to the emerging need for a continuous alignment of administrative and justice systems with democratic justice principles and global social changes.
Looks at an online strategy project at Legal Aid in Western Australia. Begins with an overview of e‐government and the Western Australian Government context, and then…
Looks at an online strategy project at Legal Aid in Western Australia. Begins with an overview of e‐government and the Western Australian Government context, and then discusses the research model and methodology. Gives a background to the case and analyses the change management process against a comprehensive model of business process change. Concludes with some lessons learned and future directions for research in this area.