Landmark Case Research Articles

Navigating Airline Nationality: European Perspectives on Airline Shareholding and Corporate Governance

This article explores the complex and evolving landscape of airline nationality requirements in the European Union (EU). Despite liberalisation efforts since the early 1990s, nationality requirements remain essential for regulating market access, licensing, and the exercise of traffic rights by airlines. The article analyses the EU’s ownership and control criteria, specifically under Regulation 1008/2008, which mandates that EU carriers must be majority-owned and effectively controlled by EU nationals, and places these requirements in the context of shareholding and corporate governance. The paper examines landmark cases, such as KLM/ Northwest Airlines (NW) and Swissair/Sabena, to illustrate how different jurisdictions interpret and apply nationality requirements. Furthermore, it investigates how multinational network carrier groups like Air France-KLM, International Airlines Group (IAG), and Lufthansa navigate these regulations using complex shareholding and governance structures to maintain compliance with the nationality conditions. The study underscores that, despite the increasing complexity of airline corporate structures due to consolidation and cross-border investments, the fundamental criteria for ownership and control continue to adapt effectively to the shifting landscape of global aviation. The findings suggest that the interplay between ownership and control will remain critical in determining airline nationality in the foreseeable future.

Mellowing down the rigour of the concept of ‘trans‐border reputation’ to accommodate bona fide domestic use: The Indian and Sri Lankan perspectives

AbstractIn this era of global trade and digital communication, where geographical borders between states have become virtually redundant, the ‘aura’ of well‐known trademarks easily transgresses national borders. As an upshot of this, the reputation and goodwill attached to well‐known trademarks have become less and less commensurate with the territorial boundaries of individual states. This raises the question of whether strict adherence to the bedrock principle of ‘territoriality’ is both apt and justifiable in the backdrop of modern commerce—not only from a trademark holder's perspective but also from a consumer‐centric viewpoint. Although the judicially crafted concept of ‘trans‐border reputation’ is often hailed as a promising solution to this problem; sometimes it postulates a too‐liberal approach to protecting the interests of the foreign trademark owners. Most significantly, the concern has been raised that the application of an unbridled doctrine of ‘trans‐border reputation’ may unduly thwart the interests of local entrepreneurs. Thus, the argument that the ‘priority of innocent use’ by a local trader should not be superseded by the trans‐border reputation of a foreign well‐known trademark cannot be easily ignored. This paper aims to critically evaluate the application of the trans‐border reputation concept within the Indian and Sri Lankan legal landscapes, discussing in detail the implications of the landmark cases determined by the Indian and Sri Lankan judiciaries. Most importantly, it seeks to introduce a mechanism for minimizing prejudice to the bona fide domestic users of marks, by employing ‘bad faith’ as a balancing tool.

Singapore: Insights from Hong Kong Case Law on Locating the Source of Business Profits

This article reviews landmark cases from Hong Kong concerned with locating the source of business profits. It extracts guiding principles from these cases and evaluates their relevance in interpreting statutory provisions that define the scope of income taxation in Singapore, and for resolving issues relating to whether business profits are sourced in Singapore.

Access to justice for atrocities in the comparison of land-mark cases on state immunity in Brazil and Italy

ABSTRACT This article investigates differences and similarities in the approach of Italian and Brazilian domestic courts to the topic of access to justice for atrocities and the role of state immunity, taking particular note of the limited and select dialogue between the two judiciaries and reflecting on the potential for further developments of the customary international law rule on state immunity. To do so, the article first outlines the rule on state immunity and offers an overview of the articulated Italian case law on why state immunity cannot bar access to justice for atrocities, considering the judicial developments occurred after 2004. The paper moves on to describe the recent 2021 decision of the Brazilian Supremo Tribunal Federal, in which the Brazil judiciary seemingly joined the Italian trend against state immunity when atrocities are committed. The two different judicial trends are then compared and analysed, with a discussion on the limited explicit reference to Italian decisions by the Supremo Tribunal Federal. The article concludes the research by describing the likely impact of these judicial trends on future developments on the relationship between access to justice for atrocities and state immunity.

Intersectionality and Feminist Theory: A Framework for Understanding and Teaching Social Construct and Healthcare Policy

The continuing nursing shortage throughout the United States has affected all aspects of the healthcare sector, particularly nursing leadership. As the Baby Boomer generation of nurses retires, the profession is primed to need more experience, advocacy, and leadership. This leaves a critical gap for leaders who identify with and are wise to the factors that influence the dynamic power relationships inherent to American history. As the country continues to become increasingly diverse, women and minorities in leadership continue to be underrepresented. In one of the most significant threats to women’s health, the recent overturning of the Supreme Court landmark case, Roe v. Wade, has highlighted the marginalization of women and people of color that is deeply embedded in the nation’s history. The lack of women and minorities in leadership positions in healthcare that has resulted from vast power imbalances, gender stereotyping, discrimination, and patriarchal structures must be addressed. Intersectionality theory offers a lens through which to understand these factors of power for all nurses. Nurse leaders can understand complex social constructs and be prepared to address power relationships that inform healthcare policy.

Protecting Our Innocence: Addressing Child Pornography in India

The internet has revolutionised educational methodologies and facilitated day-to-day learning experiences. It has also unveiled its darker facets, including the proliferation of child abuse in various forms, such as trafficking, prostitution and kidnapping. Amidst these atrocities, child pornography emerges as one of the most abhorrent manifestations of exploitation, inflicting severe physical and psychological harm upon its victims. In India, where the protection of children is paramount, stringent legal measures have been enacted to address this issue. This paper provides an analysis of the critical landscape of child pornography in the digital age, examining the multifaceted challenges it presents and the proactive measures undertaken by governmental and non-governmental entities. Through an exploration of the legal framework, landmark cases regarding child abuse in India, and initiatives aimed at child protection, the paper investigates the role of internet service providers in combating the dissemination of child sexual abuse material (CSAM). Furthermore, the importance of international cooperation in addressing this grave issue is emphasised. It is crucial to protect our children from this harmful practice; it is necessary to ban the practice of child pornography and protect their fundamental rights.

The First Case of Intra-portal Islet Implantation During Liver Machine Perfusion Allowing Simultaneous Islet-liver Transplantation in A Human: A New and Safe Treatment for End-stage Liver Disease Combined With Diabetes Mellitus.

Evaluating the safety and efficacy of implanting a liver with islet grafts into patients with end-stage liver disease and diabetes mellitus (DM). DM and end-stage liver diseases are significant health concern worldwide, often coexisting and mutually influencing each other. Addressing both diseases simultaneously is paramount. We utilized the islet transplantation combined ischemia-free liver transplantation (ITIFLT) technique to treat a patient with hepatocellular carcinoma (HCC) and type 2 diabetes mellitus (T2DM). The liver was procured and preserved using the ischemia-free liver transplantation (IFLT) technique, and during normothermic machine perfusion (NMP), isolated and purified islet grafts were transplanted into the liver through the portal vein. Finally, the liver, incorporating with the transplant islet grafts, was implanted into the recipient without interruption of blood supply. The patient received both liver and islet graft from the same donor. The patient achieved insulin-independence by post-transplant day (PTD) 9, and both liver and islet function remained robust. The patient was discharged on PTD 18 and experienced no surgical or transplantation-related complications during the follow-up period. Furthermore, islet grafts presence was observed in liver biopsies after islet transplantation. This landmark case marks the inaugural application of ITIFLT in humans, signifying its potential as a promising treatment modality for end-stage liver disease with DM.

Judicial Activism vs. Judicial Restraint: A Comparative Review of Landmark Cases

Judicial Activism vs. Judicial Restraint: A Comparative Review of Landmark Cases

Foundational Doctrines of International Law: balancing sovereignty, justice, and global order

This paper explores twelve foundational doctrines of international law, each playing a crucial role in shaping the global legal order. These doctrines—including sovereignty, non-intervention, recognition, and universal jurisdiction—balance the principles of state autonomy with the need for international cooperation and justice. By examining landmark case laws, such as ‘The Island of Palmas’ and ‘Nicaragua v. United States’, the paper illustrates how these doctrines are applied in practice. This analysis provides insight into the complex interplay between national interests and global governance, highlighting the evolving nature of international law.

Mapping the Cross-Border Influence of Regional and International Reproductive Rights Cases

Abstract International and regional human rights mechanisms are essential tools for ensuring access to justice for human rights violations and advancing measures of non-repetition, such as domestic law and policy reform. Scholarship on the impacts of these mechanisms have largely centred on the resulting domestic law and policy reform in the countries at issue in these cases and the resulting normative standards human rights bodies have established. The cross-fertilization of these cases among other international and regional human rights mechanisms and domestic courts remains an important but underexplored aspect of how such cases influence progress towards the realization of human rights. Through the lens of four landmark cases on sexual and reproductive health and rights, this article examines the influence of these cases in jurisprudence from across the globe, demonstrating how such decisions have reverberated across borders. These rippling effects of strategic litigation constitute an important impact that should be taken into account when evaluating the influence and efficacy of these mechanisms.

The End of Chevron Deference and its Impact on the Energy Industry

As is currently well known, on June 28 the U.S. Supreme Court overturned the Chevron Deference, a key foundation of modern administrative law for 40 years. The case, Loper Bright Enterprises v. Raimondo (Loper Bright), had nothing to do with energy, but the impact of the decision has significant implications in the energy arena. The order follows a steady drumbeat of U.S. Supreme Court decisions issued during this term and in recent prior ones curbing the regulatory enforcement capabilities of Executive Branch agencies. But while this is a landmark case and would be expected to lead to a host of new legal challenges to agency rules and actions, its practical effect might result in being more nuanced, maybe with some wholly unexpected consequences.

R v Noor: a landmark case in female genital mutilation prosecution

This article on the case of R v Noor (2024) discusses the second successful UK prosecution under the Female Genital Mutilation Act 2003, marking a significant legal precedent in addressing female genital mutilation. It underscores the critical role of midwives in detecting, reporting and caring for victims, highlighting the intersection of healthcare, law and ethics in combating this practice. By examining the case of Amina Noor, who took a child abroad for female genital mutilation, the article elucidates the legal ramifications of such acts. It stresses the importance of midwifery awareness, education and collaboration with legal entities to protect women and girls. The article advocates for continuous professional development, the use of legal tools such as female genital mutilation protection orders and a Commissioner to prevent female genital mutilation, emphasising the collective responsibility of healthcare professionals in eradicating this harmful practice and safeguarding vulnerable individuals.

Advancing equity in spine surgery: unraveling the impact of affirmative action reversal

Affirmative action has been pivotal in addressing historical and systemic discrimination, particularly within healthcare. This paper delves into the impact of affirmative action policies on diversity in spine surgery, elucidating their critical role in fostering inclusivity and equal opportunities for individuals of underrepresented racial and ethnic groups. Historically, affirmative action has been instrumental in breaking down barriers to education and careers in medicine. Landmark cases such as Brown v. Board of Education have been influential in shaping these policies. However, the recent reversal of affirmative action poses a substantial threat to diversity in medical school admissions, potentially diminishing the presence of minority groups in spine surgery.We examine the historical foundation and transformative impact of affirmative action, focusing on key legal cases and their influence on educational and professional inclusivity. The current landscape of diversity in medical education and spine surgery highlights the role of affirmative action in cultivating an inclusive workforce. Counterarguments to affirmative action are critically evaluated, emphasizing the extensive benefits of diversity in enhancing patient care, driving research innovation, and informing policy advocacy. To counteract the adverse effects of the affirmative action reversal, we propose proactive initiatives, including targeted support for college students, medical students, residents, and practicing surgeons. These strategies are designed to ensure the recruitment and retention of a diverse workforce in spine surgery, thereby enriching patient care and advancing the field.

Judicial Adaptability: Research on Judicial Activism and the Principle of Separation of Powers in Common Law

The relationship between judicial activism and separation of powers has been a hot topic in the judicial field. This paper studies the consistency between judicial activism and the principle of separation of powers in common law. Judicial activism involves judges taking an active role in promoting legal and social change, thereby challenging the traditional judicial role. The main argument is that judicial activism is essential to maintain the adaptability and flexibility of the law, especially in a rapidly changing social, technological and economic environment. Through the analysis of landmark cases such as Mabo v Queensland, No. 2 and R v Dugan, this paper shows how judicial activism can address legislative gaps to ensure justice and equity. In addition, it discusses the need to improve the legal framework to enable judges to make proactive decisions within clearly defined parameters. The conclusions highlight the indispensable role of judicial activism in maintaining a dynamic and responsive legal system, upholding democratic values, and preserving public trust.

Judicial Adaptability: Research on Judicial Activism and the Principle of Separation of Powers in Common Law

The relationship between judicial activism and separation of powers has been a hot topic in the judicial field. This paper studies the consistency between judicial activism and the principle of separation of powers in common law. Judicial activism involves judges taking an active role in promoting legal and social change, thereby challenging the traditional judicial role. The main argument is that judicial activism is essential to maintain the adaptability and flexibility of the law, especially in a rapidly changing social, technological and economic environment. Through the analysis of landmark cases such as Mabo v Queensland, No. 2 and R v Dugan, this paper shows how judicial activism can address legislative gaps to ensure justice and equity. In addition, it discusses the need to improve the legal framework to enable judges to make proactive decisions within clearly defined parameters. The conclusions highlight the indispensable role of judicial activism in maintaining a dynamic and responsive legal system, upholding democratic values, and preserving public trust.

Considerations of (Non)-Application of Immunity of State Officials from Foreign Jurisdiction in Cases of International and Transnational Crimes

Abstract This article examines the scope and limitations of jurisdictional immunities afforded to high-ranking state officials accused of international and transnational crimes in foreign courts, including international courts. It discusses how international law balances the immunities granted to facilitate international relations and uphold state sovereignty against the need to address serious crimes that threaten the international community as a whole. The analysis delves into key legal debates and landmark cases shaping the understanding of these immunities. A focal point of the analysis is the work of the International Law Commission (ilc) on the topic of Immunity of State Officials from Foreign Criminal Jurisdiction, particularly Draft Article 7. It is argued that ilc’s Draft Article 7, while explicitly clarifying the application of immunity in international crime cases, also provides valuable insights into the scope of immunity for transnational crimes. Transnational crimes, like corruption, are fundamentally private acts carried out for personal gain, regardless of whether they are committed by someone in an official capacity or utilizing the resources and instrumentalities of the state. Therefore, these acts cannot be considered official and do not trigger the application of immunity ratione materiae. By highlighting the implications of Draft Article 7, the article contributes to the broader understanding of how international law can reconcile the need for state officials to perform their duties without fear of foreign prosecution with the necessity of holding them accountable for serious crimes. It suggests a more restrictive approach to immunity, particularly concerning transnational crimes, thereby enhancing the potential for legal accountability for offending state officials.

PROTECTION OF THE RULE OF LAW AS A CONSTITUTIONAL PRINCIPLE AND INDIVIDUAL RIGHT BY THE CONSTITUTIONAL COURT OF KOSOVO

This article examines the case law of the Constitutional Court of Kosovo and explains how this court protects the rule of law, as a fundamental constitutional principle and as a human right. The example of Kosovo is intriguing because of the peculiar historical, political and legal backdrop against which the Constitution was drafted, and the constitutional adjudication that has taken place. Methodologically, this analysis is based on a review of the landmark cases when the Constitutional Court of Kosovo reasoned its decisions with reference to the specific constitutional provisions that enshrine the principle of the rule of law. The paper highlights that the Constitutional Court of Kosovo refers to the rule of law as a general normative framework for adjudicating cases of abstract constitutional review, as well as for deciding cases submitted by individuals – mostly in conjunction with the right to a fair and impartial trial. By scrutinizing the cases of Kosovo, this analysis highlights the role of constitutional courts in ensuring that general constitutional principles, such as the rule of law, are justiciable and have practical effect for human rights of individuals.

Examining the Cases Involving Jehovah’s Witnesses in the Philippines: An Insight for Religious Freedom and Church-State Relations

Jehovah’s Witnesses (JW) are well-known for their refusal to engage in various political activities. Hence, the JW were involved in the Philippines’ Supreme Court landmark case of Ebralinag vs. Division, which revolves around religious freedom. Although Ebralinag provides a bountiful discussion on religious freedom and church-state relations, there needs to be more clarity regarding JW’s legal experiences and challenges in the Philippines. Limited attention has been given to reviewing the cases involving this religious group and the policies that affect them. Thus, in this context, the paper compiled and discussed cases where several Philippine laws and policies challenged the JW. The paper identified and looked into six cases wherein the members of the JW and the organization were involved. These cases touch on five policies: flag ceremonies, police power, military service, use of public property for religious purposes, and marriage. the JW used the clause on freedom of religion, right to public education, and freedom of speech as legal vanguards. Examining the cases and policies affecting the JW has presented how the courts weigh religious freedom and state authority and ensure a balance between the two. Moreover, JW cases validate the usual behavior in Philippine jurisprudence concerning religious freedom and church-state relations as both progressive and traditional. Keywords: Jehovah’s Witnesses, religious freedom, secularism, church-state, Philippines

Assessment of Perfusion Abnormalities in a Case of Autism Spectrum Disorders Using 99mTc ECD Brain SPECT: A Landmark case in Bangladesh

Assessment of Perfusion Abnormalities in a Case of Autism Spectrum Disorders Using 99mTc ECD Brain SPECT: A Landmark case in Bangladesh

Front and Back Covers, Volume 40, Number 3. June 2024

Front and back cover caption, volume 40 issue 3DREAMING'S DIMINISHING DIMENSIONSThe cover image, Desecrating the Rainbow Serpent by Jack Green, powerfully illustrates the profound cultural and spiritual disruption Indigenous communities face from the expansion of the McArthur River Mine in Australia's Northern Territory. The painting, divided into two sections, represents the past and the present. The left side, vibrant and lush, depicts a time when the Gudanji, Garrwa, Marra and Yanyuwa peoples had control over their land and lived on Country, with the Junggayi (traditional managers) and Minggirringi (owners) guarding the eye of the sacred Rainbow Serpent at the top of the painting. The dark and fragmented right side portrays the devastation caused by mining activities, highlighting the diversion of the McArthur River, which the artist describes as having ‘cut the back of our ancestor – the Rainbow Serpent’, ‘pull[ing] people down’ as ‘the stress of seeing our land suffer means we suffer.’Richard J. Martin's article examines the broader implications of such cultural losses within the context of Australian legal and social frameworks. He discusses the complexities of compensating for cultural loss, as seen in landmark cases like Northern Territory v Griffiths and the destruction of Juukan Gorge, underscoring the challenges of quantifying spiritual and cultural damage in monetary terms and the broader impacts on Indigenous communities.The image and article together highlight the enduring effects of colonization and industrial exploitation on Indigenous cultures. They call for a more profound understanding and respect for Indigenous spirituality and the urgent need for legal frameworks that adequately address and compensate for these irreplaceable losses.This artwork serves as a reminder of the work ahead – acknowledging the immense cultural losses suffered, supporting Indigenous peoples in reclaiming and revitalizing their heritage, and finding ways to move forward that respect and honour Indigenous traditions. The painting's winding colours speak to the unbreakable bonds between identity, history and the land that must be nurtured and protected. Like Martin's article, this image is an invitation to open our minds, educate ourselves and take meaningful steps to help preserve and celebrate Indigenous cultural heritage now and into the future.SHADOWS OF DISCOMFORTThis haunting illustration is a visual complement to Ståle Wig's thought‐provoking article, ‘Pity the rich man’, which explores the dynamics surrounding begging and work and the discomfort often felt by both givers and receivers in such encounters.The image depicts a dishevelled man, presumably experiencing homelessness, sitting amidst the detritus of his meagre possessions on a bustling city pavement. Passers‐by, rendered as ghostly silhouettes, navigate around him, their body language subtly conveying a mixture of discomfort, pity and a desire to maintain distance. This scene encapsulates the awkwardness and unease that Wig identifies as central to many begging encounters, where the act of giving can heighten awareness of social inequality and provoke feelings of guilt or embarrassment.Yet, as Wig astutely observes, those who beg are keenly attuned to these discomforts and often seek to alleviate them by reframing their solicitations as a form of work or exchange. The man's small cardboard sign and scattered belongings hint at this strategy, suggesting an attempt to present his predicament as a legitimate, if desperate, means of subsistence. By appearing to offer something in return for aid, even if only a token acknowledgement of the giver's generosity, he appeals to societal values that prioritize industriousness over perceived idleness.Ultimately, this image serves as a powerful reminder of the everyday struggles and adaptations of those living on the margins while also prompting readers to reflect on their own assumptions and unease when confronted with the visible face of poverty. In doing so, it encapsulates the central themes of Wig's analysis, inviting us to consider how both givers and receivers navigate the complexities of these fraught social interactions.