ALSA Academic Journal

How Bad Law Makes Hard Cases: A Note on Taylor v A Novo

How Bad Law Makes Hard Cases: A Note on Taylor v A Novo

How Bad Law Makes Hard Cases: A Note on Taylor v A Novo

 

Andreas Wildner

 

Introduction

            The facts of Taylor v A. Novo (UK) Ltd[1] are as follows: On 27 February 2008, Cindy Taylor (primary victim) was injured in a work accident caused by the negligence of her employer “Novo” (defendant). As a result of this accident, Cindy Taylor sustained injuries to her head and left foot. She appeared to make a good recovery. However, on 19 March 2008, due to deep vein thrombosis and consequent pulmonary emboli, which themselves were consequences of the injury sustained in the work accident, she suddenly collapsed and died at home. Cindy Taylor’s daughter, Crystal Taylor (secondary victim), who had not witnessed the work accident, witnessed her mother’s collapse and death and suffered post-traumatic stress disorder.

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Asset Acquisition: A Forgotten Field within Indonesian Legal System (Comparative Study between Indonesia and Singapore)

Written by: Raissa Yurizzahra Azaria Harris

Full Version: Volume VI)

  1. Introduction

In 2015, ASEAN states entered ASEAN Economic Community which resulted to the more competitive business. It is unavoidable effect for business entities that the free flow of goods and services may have significant impact to their business. Consequently, business entities look for alternative to strengthen their finance, secure the market shares, and develop their product. While some of the business entities start from internal measures such as increasing their capital, some also seek for external measures.

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Empowering Survivors in the Asian Climate Battleground: Proposing a Criminal Justice Model for Crises after Calamities

Written by: Chad Patrick T. Osorio

(Full Version: Volume VI)

A. Introduction

It’s time to change the mindset that natural disasters are inevitable.”

Gordon McBean When we think of natural disasters, we often refer to them as unstoppable or inevitable. After all, what are humans in the face of the forces of nature? That is why it proves to be an interesting idea when UN Secretary General Kofi Annan noted that we have to differentiate a calamity from a disaster, stating that it is only a disaster when states fail to recognize their vulnerabilities and are unable to effectively prepare for incoming onslaughts.  While natural phenomena can give birth to a host of potential calamities, they need not turn into outright disasters. Planning, preparation and proper execution remain key factors in order to prevent injustice from being wrought unto citizens in the aftermath of a natural calamity. In other words, while calamities cannot be prevented, it is in human hands for disasters to be averted.

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THE IMPLEMENTATION OF INDONESIA’S RIGHTS AS ARCHIPELAGIC STATE UNDER UNCLOS REGIME IN THE CASE OF CHINA’S CLAIM OVER TRADITIONAL FISHING RIGHTS AT WATERS OF NATUNA ISLAND

Written by: Kimp Y.D. Hermawan, Aristanto Aryo Wibisono, Tabita Nauli

(Full version: Volume VI)

  1. INTRODUCTION

Indonesia as a country which consists of more than 17.000 islands, deserve the title as Archipelagic State under The United Nations Convention on the Law of the Sea (UNCLOS) Regime. As an archipelagic State, Indonesia possesses the rights that are stipulated by UNCLOS. UNCLOS itself has become customary international law, in which even if a state is not a party to the convention, it would still bind the state anyway. Speaking of rights of archipelagic state, it is clearly stipulated on Article 47, in which Indonesia, has the right to draw archipelagic baselines, with some mechanisms written in the convention.

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AJLS: About Us and Law Reviews

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The Asian Journal of Legal Studies is the flagship journal of the Asian Law Student’s Association. It publishes articles relating to the study of the legal system of Asian countries, and feature comparative legal analysis, and broader issues on legal reform in individual countries. The Journal fulfills the need for increased communication and enhancement of understanding of legal studies among Asian countries by serving as a platform for contributors to express their views on Asian legal affairs. Through its wide dissemination of articles, the Journal hopes to serve a broader Asian community.

The Journal’s contributors and audience include students, academics, professionals and others interested in the field of Asian Legal Studies. It is an open-source Journal with its volumes accessible to all interested persons. The Journal is also sent out to all ALSA affiliates and may be published in hard-copy form.

ALSA’S Law Review is a compendium of law reviews submitted from a carefully chosen pool of contributors in each national chapters. The journal seeks to provide ALSA members with a tool to enhance their academic writing skills and researching skills. The topic of law review will be aimed at the contemporary legal issues that affects the international interests.

China: The Exercise of Public Health Powers in the Case of MERS: Human Rights Implications

Written by:  Layla Li (Li Yi)

Globalization has increased the potential for international spread of infectious diseases and has resulted in the need for adopting a multilateral approach to public health. Worldwide patterns and determinants of health and disease, and specifically infectious diseases, are changing dramatically due to globalization’s erosion of traditional geographical, temporal and cognitive boundaries.[1] Take the example of one of the hottest topics in Chinese internet and the whole society these days, which is the spread of the deadly Middle East Respiratory Syndrome (MERS) from South Korea to Guangdong province. The carelessness among medical staff in S. Korea, as well as the bungling of initial response by the South Korean government has caused widespread indignation. (more…)

Japan: Japanese Nuclear Disarmament and Proliferation Strategy

Written by: Tomoki YAGASAKI, Chuo University & Kohei HAYAKAWA Chuo University

I.Introduction

Nowadays, East Asia, where Japan located in, has alongside Middle East as one of the most serious security issue.[1] Recent nuclear development by North Korea is arguably main contributor of this issue. In spite of persistent warnings and sanctions by international community, North Korea’s provocation using nuclear weapon is escalating, especially in this Kim Jong- Un regime. On January 6th 2016, North Korea declares it has successfully carried out its first underground test of a hydrogen bomb – a more powerful weapon than an atomic bomb. On next month, North Korea carried out missile test which can be load nuclear warhead and its firing range includes not only Japan but also the continental United States. (more…)