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South Africa’s mixed, pluralistic legal order demands a nuanced approach to cultural expertise in litigation. Culture in general and cultural expertise in particular have always played an important role in all areas of law, both state and non-state, and a rich collection of jurisprudence is available to serve as illustration. Even though both the common law and the customary law are both recognized legal systems, they are treated differently by the judiciary. The general rule is that judicial notice must be taken of the common law rules and that judicial notice of customary law may only be taken “in so far as such law can be ascertained readily and with sufficient certainty.” The ascertainment of customary law provides a challenge to the judiciary because of its adaptive inherent flexibility and indeterminate nature, especially where the rules are oral or so-called “living” customary law. Cultural expertise also plays an important role in the case of non-state law. A considerable quantity of case law exists where the courts have considered expert evidence regarding the content of certain religious legal systems to provide protection to litigants claiming that they are subject to those systems. The aim of this contribution is to investigate the diverse approaches of the South African courts when it comes to the admissibility of expert evidence in cases where culture (both custom and religion in both state and non-state law) is relevant. The fact that the South African legal system has its roots firmly in Western law and has been confronted with cultural diversity for a very long time might provide some lessons to the Western world, even if those lessons are only to prevent it from making the same mistakes as the South African legal system has made or might still be doing.

Since the mid-1990s most Australian jurisdictions have adopted, either through subordinate legislation or through internal government directives, rules regarding how government agencies should behave when participating in litigation. While these rules met an immediate need associated with the outsourcing of legal work to private law firms, this chapter argues that they are unsuited for enduring use: they lack a proper rationale, they are poorly worded and uncertain in their meaning; it is unclear whether and how courts should enforce them, and they have not been reviewed to take account of the more recent developments in civil procedure.

Australia and New Zealand are two very special economies of the South Pacific. The settlers of these two economies came from Europe, mostly the UK. Indeed, both were colonies of the British Empire and Her Majesty, the Queen of England, continues to be the constitutional head of Australia and New Zealand. The original peoples of the two economies acceded to the authority of the European settlers. Some went on to complete an English education and earned places of official rank and accommodation under the new regime. It was only recently, on February 23, 2008, at the initiative of Prime Minister Kevin Rudd of Australia, that the Australian Parliament resolved to offer an official apology to the indigenous peoples of the land for their past suffering.

The main purpose of this chapter is to interrogate the regulatory environment in Africa by exploring trends and developments within key intellectual property rights agencies and highlighting some of the challenges revolving around contracts enforcement and royalty payments. In many developing countries, the performance and competitiveness of the creative industries have suffered from weak institutional capacity and a spate of copyrights infringement. This chapter highlights a few case illustrations drawing upon the World Intellectual Property Organisation surveys covering a selection of African countries between 2011 and 2020.

After considering the material before me, I have formed the opinion that it shall be permitted for the petitioner to examine the file under scrutiny. Deliberation on the case did not take place behind closed doors and there is no lawful prohibition to the examination…in addition I accept the position of the respondent, according to which in spite of the fact that a large portion of the details of the affair were published in the judgment…the file contains material whose revelation can cause unnecessary harm to the central witness…the examination considered will be contingent on an undertaking in writing…according to which the petitioner will not publicize anything that will damage the privacy of the victims and their families beyond the damage that already occurred by the court judgment. (Decision of magistrate Yigaal Marzel, 2006 in the matter of C.A 125/50 Yaakobowitz v. Attorney General)

This chapter provides an overview of local government auditing in Brazil. The mandate of regional Courts of Accounts, which are public audit organisations, includes overseeing states and municipalities’ legal compliance and public policy performance, while the federal Supreme Audit Institution scrutinises fiscal transfers from the central to local governments. Each of the 32 regional Courts of Accounts is autonomous. However, all follow the Napoleonic audit model and are internally organised in three main functions: auditing (comprising investigation, fair hearing and adversarial phase, and accusation), prosecuting (comprising legal compliance analysis), and judgmental. Despite the comprehensive legal mandate and recent digitalisation efforts, Courts still focus on compliance audit. Due to their autonomy, the Courts lack central coordination, standardised audit techniques, and uniform procedural rules. Moreover, the Courts’ lack of independence and transparency may impair their capacity to promote democratic accountability.

Purpose – This chapter considers the consequences on liberty in relationship to the development of the international problem-solving court movement.

Design/methodology/approach – The research, which relies principally on ethnographic fieldwork in six different common law countries (England, Ireland, Scotland, Australia, Canada, and the United States), explores the development of local problem-solving courts in each jurisdiction. These include drug courts, community courts, domestic violence courts, and mental health courts. The ethnographic fieldwork was supplemented with data from various other sources, including government reports, parliamentary debates, evaluations of individual court programs, publications issued by various advocacy groups, media accounts, public statements and articles by problem-solving court judges, and analyses of specialty courts in law reviews and other academic journals.

Findings – The research reveal that the five countries outside of the United States demonstrate greater concern with protecting the dignity of the court, due process, and individual rights – or what the Australians refer to as open and natural justice.

Originality/value – It is the first large-scale comparative study of problem-solving courts in the common law countries where the movement is most advanced.

In Sri Lanka women make up the majority of the country's population. However, there is a concern that many women are subjected to any form of violence at home which is known as family violence, or in Sri Lanka which is identified as domestic violence. As such domestic violence is one of the topics that have gained attention in Sri Lanka under the major topic of gender-based violence (GBV). Sri Lanka also imposed prolonged lockdowns, travel/mobility restrictions, social distancing, and other health measures/restrictions to control the speedy spread of the COVID-19 pandemic. As a consequence, the life of women was unfavorably impacted. A increase in the number of domestic violence cases against women during public emergencies – here referred to COVID-19 – is one of such negative impacts. Therefore, this study intends to examine the adequacy of the existing laws of prevention of domestic violence in Sri Lanka and investigate the appropriateness of the available judicial mechanism including its preparedness in achieving the proper protection support for the women victims of domestic violence during public emergencies. To reach that goal this doctrinal research study heavily engages in a descriptive and detailed analysis of legal rules found in primary sources such as domestic statutes, international treaties, statistics, government circulars and regulations and case law, etc., in respect of the issue of domestic violence against women during public emergencies with specific reference to Sri Lanka. Secondary resources such as print and electronic text material are also utilized in the completion of this study.

How delinquent, dependent/neglected, and abused children are treated by criminal justice agencies is a concern that crosses geographical boundaries. Do the courts sentence juveniles too leniently or, conversely, too harshly? Around the world some of the most serious questions involve the placement of juveniles in penal institutions. There are some clearly recognized problems. First, many countries still house delinquents and non-delinquent children in the same institutions, despite nation-wide reforms or legislation specifically prohibiting such practices. Second, many juveniles, regardless of their status, are held in jails and detention facilities built or administered for adult populations that greatly outnumber the younger inmates. Third, efforts at reform, while ambitious, have been ineffective in changing objectionable practices and/or aiding children in need. Fourth, left unresolved is the question as to whether the problems noted above in developed countries are present to a greater or lesser degree in developing countries.