To some, the term multiculturalism evokes a celebration of human diversity in all its splendour, showcased within pluralistic societies boasting exotic languages, alluring cultural practices and spiritually inspiring beliefs. To them, infinite possibilities abound for forging meaningful relationships with those living in vibrant cosmopolitan cultures. To others, the same term conjures jarring images of existential…
My Journey….
A law lecturer and academic by profession, I share my perspectives on issues ranging from the Protection of International Human Rights and its relationship with International Relations, to principles of Domestic and International Criminal Law, Criminology and Equity and Trusts. I graduated with an LLB, PGCL (Equity and Trusts) , PGDL (Criminal Justice), LLM (Criminology)…
John Rawls’ Theory of Justice
Justice as the first virtue of Society Rawls, a professor of philosophy at Harvard University, posited a liberal political theory modifying the social contract theory conceptualizing liberal democratic society. In going beyond the traditional way of conceiving a social contract between a State and its people , Rawls perceived justice primarily as fairness. His assertion…
The Global Response to Genocide in Myanmar: a case of collective amnesia or mere indifference?
The Testimonial Evidence of the Victims of the Massacre and Rapes carried out by the Tatmadaw (Myanmar Military), as documented by Fortify Rights and the US Holocaust Memorial Museum Their report entitled ‘Bearing Witness, November 2017’ speaks for itself and is relevant in addressing the denials and deflections of the Myanmar government and its de…
The Death penalty as a populist tool of governance
Democratizing the Death penalty: a populist tool of technocratic governance Any attempt to justify the use of the death penalty in a liberal or parliamentary democracy evokes a paradox of sorts, since one is inclined to associate penal policies of democracies with those of enlightened societies, exemplifying standards of decency and humanity, epitomizing the most…
Trust Powers and Mere Powers
Distinguishing between Discretionary Trust Powers and Mere Powers This essay analyses a fundamental requirement of English law for the creation of valid Express Private Trusts: the imperative to ascertain with certainty the objects or beneficiaries of a Trust, without which a Trust would be deemed void in a Court of Equity. Linked to this equitable…
Theft and the Civil recovery of funds paid under a fundamental mistake
Consider whether a theft of funds has taken place in the following scenario: Hackers using malware trigger an electronic transfer of million of dollars from a bank in New York to an account in the Philippines Under English law on theft (Theft Act 1968, s4) property that is capable of being stolen for the purposes…
Immigration Prisons: profiting from Human Rights violations
“Imagine a community of four hundred people, neglected in a boiling hot filthy cage, still traumatised by the terrifying sound of waves ringing in their ears (Boochani 2018, p.126)…….at any moment someone may slash their wrists with one of those razors ….self- harm is a regular occurrence ( Boochani 2018, p.170) ….we are hostages –…
An Apartheid State or the only Democracy in the Middle East? An Empirical Inquiry
Abstract This paper argues that Israel’s continuing occupation and military rule of the West Bank since 1967 and its ongoing siege of Gaza since 2007 constitute the International Crime of Apartheid, a Crime against humanity which the State of South Africa practised from 1948 until the 1990s. Drawing analogical similarities between the South African and…
Bribes and the Institutional Constructive Trust
This essay explores the analytical reasons for arguing that a bribe or a secret commission received by a fiduciary is held on a Constructive trust for the Claimant. Further, it questions the idea that Remedial forms of Constructive Trust should always be rejected in favor of the Institutional Constructive Trust recognized by English law. …
Murder distinguished from Manslaughter: A Study in Criminal Culpability
A brief analysis of the elements of Murder and Manslaughter Determining whether an offender is guilty of murder or manslaughter may mean a world of difference for a defendant standing trial for the killing of a human being…. A difference between whether the accused will spend the rest of his or her natural life in…
Racial Injustice
Racial Injustice: The Politics of Institutionalizing Violence against Racial Minorities Racism in it various guises has come under intense media spotlight in recent weeks; From the brutal killing of George Floyd by a Policeman who mercilessly pressed his knee on Floyd’s neck for an agonizing 8 minutes and 46 seconds, draining the life out…
The International Protection of Refugees: Suicide and Children in Australia
Originally posted on Essays on Human Rights , Law and International Relations:
Have you heard? Some people are more human than others….. The Universal Declaration of Human Rights declares that ‘All humans are born free and equal in dignity and rights’, yet millions of individuals continue to be subject to indefinite incarceration and detention at refugee…
Death Penalty’s Myth: Distinguishing Empirical Reality from Political Rhetoric
”For centuries the death penalty, often accompanied by barbarous refinements, has been trying to hold crime in check; yet crime persists. Why? Because the instincts that are warring in man are not, as the law claims, constant forces in a state of equilibrium.”—Albert Camus ( 1957 Nobel Prize laureate for Literature) Camus’ chilling words conjure…
