Relevant Statutes Research Articles

Courts Creating Courts: Problems of Judicial Institutional Self-Design

With prospects for reform of the federal judiciary growing, a critical—but overlooked—issue is the extent to which judicial branch actors can and ought to be recipients of congressional grants of power to reshape the federal court system? Existing law recognizes limited discretion for judicial institutional self-design; judicial reform may introduce more substantial examples. Yet the underpinnings of the practice remain unexamined, both doctrinally and normatively. This Article fills that gap. Doctrinally, congressional delegation of power on Article III actors to create courts (and layers of judicial review) raises serious constitutional questions. First, the Constitution authorizes only Congress to create lower Article III courts and legislative courts. Second, the nondelegation doctrine may raise a separate hurdle, to extent that Congress conveys on the judiciary discretion that is not limited by an intelligible principle. Third, vesting judicial self-institutional control in Article III actors may conflict with Supreme Court precedent limiting the types of authority that Congress can delegate to the judiciary. Subconstitutionally, the statutory power and status of judicially-created tribunals are muddled: It is unclear under current law whether such tribunals have the powers to issue writs of mandamus, to issue local court rules, and to allow litigants to proceed in forma pauperis. These issues can and should be clarified by amending the relevant statutes. Beyond the doctrinal, there are several normative issues with empowering courts to create tribunals. Courts are ill-suited to make well-informed judgments about the desirability of a new tribunal. Moreover, the decision whether to create a new tribunal might involve displacing some of the jurisdiction of existing judges. It seems instead that administrative actors within the judiciary are better suited to such tasks than are courts.

Restriction of public subjective rights to use the environment and freedom of economic activity – concessions and permits

Public subjective rights, as all rights and freedoms set out in the Polish legal order can, in principle, be restricted. Freedom of economic activity is a public subjective right regulated by the standards of the Constitution. In turn, the public subjective right to use the environment was regulated by the provisions of Article 4 of the Environmental Protection Law. In such a legal environment, concessions and permits treated as a restriction of public subjective right of constitutional rank can at the same time be limitations to the public subjective rights provided for in the relevant statutes. It should be noted that the less strategic the sphere of life of the state and citizens is, the gentler the form of restriction. It should be borne in mind, however, that the strategic importance of the state’s or citizens’ activity cannot be determined in isolation from the state’s obligation to protect the environment. This may also be applied to other legal goods, including the environment. However, special care is required in application with reference to the latter. Concessions and permits affect the enjoyment of public subjective right to the environment, both by entitiesengaged in a business activity and those affected by the said activity. This impact may differ and depends on whether a given permit or concession is granted or refused. However, both granting or refusing to grant them will result in restrictions of public subjective rights to use the environment.

An exploration of the current regulatory aspects of money laundering in South Africa

Purpose Money laundering activities were allegedly rampant and poorly regulated in the South African financial markets and financial institutions prior to 1998. In other words, prior to the enactment of the Prevention of Organised Crime Act 121 of 1998 as amended (POCA), there was no statute that expressly and adequately provided for the regulation of money laundering in South Africa. Consequently, the POCA was enacted to curb organised criminal activities such as money laundering in South Africa. Thereafter, the Financial Intelligence Centre Act 38 of 2001 as amended (FICA) was enacted in a bid to, inter alia, enhance financial regulation and the combating of money laundering in the South African financial institutions and financial markets. Design/methodology/approach The paper provides an overview analysis of the current legislation regulating money laundering in South Africa. In this regard, prohibited offences and measures that are used to curb money laundering under each relevant statute are discussed. The paper further discusses the regulation and use of customer due diligence measures to combat money laundering activities in South Africa. Accordingly, the regulation of customer due diligence under the FICA and the Banks Act 94 of 1990 as amended (Banks Act) is provided. Findings It is hoped that policymakers and other relevant persons will use the recommendations provided in the paper to enhance the curbing of money laundering in South Africa. Research limitations/implications The paper does not provide empirical research. Practical implications The paper is useful to all policymakers, lawyers, law students, regulatory bodies, especially, in South Africa. Social implications The paper seeks to curb money laundering in the economy and society at large, especially in the South African financial markets. Originality/value The paper is original research on the South African anti-money laundering regime.

Mechanisms to Handle Default Cases in Islamic Banking: The Malaysian Approach

This research investigates how Islamic banking institutions control default cases and the mechanisms they employ in handling such cases with reference to Malaysian Islamic banking regime. It was conducted on an exploratory design that employed doctrinal approach. Data were sourced from relevant statutes, regulatory guidelines, policy documents and established practices among Islamic banking institutions as well as academic texts that pertain to default cases. The data were examined with legal reasoning and qualitative analysis. The research finds that Islamic banks are prone to default cases and provide internal and external mechanisms to handle such cases in their operations. Though Islamic banks statutorily have wider scope than conventional ones, both banks are subject of the same framework in matter of credit risk regulations in Malaysia. The fusion of technology within procedures and governance mechanisms of dealing with default cases offers distinct benefits for Islamic banks in Malaysia. Analysis and reasoning in this research are restricted to the Malaysian Islamic banking regime only due to legal peculiarities among Islamic finance jurisdictions. Likewise, the research is confined to legal and regulatory perception of default cases only and could be furthered onto perceptions of other stakeholders in debt-recovery process. Again, subjective interpretation is inevitable in the analysis of some cases considered.This research contributes towards default cases literature in relation to Islamic banks and offers to fill research gaps therein. The research assists in understanding default control mechanisms employed by Islamic banks in Malaysia and stands to impart lessons to other jurisdictions thereon.

The legal status of human biological material used for research

Whether human biological material (‘HBM’) in the research context is susceptible of ownership is contested, yet under-investigated. This situation leads to legal uncertainty for local scientists and their international collaborators. This article presents a comprehensive analysis of the topic — investigating both common law and statutory law — and concludes that HBM in the research context is indeed susceptible of ownership. First, since the common law is dynamic, it should recognise the reality that HBM has become useful in the research context and should therefore treat HBM in this context as susceptible of being owned. This aligns with the general trend in comparative foreign case law. Secondly, since relevant statutes consistently use the legal-technical term ‘donation’ to denote a situation where HBM is provided by a research participant to a research institution for the purposes of research, the transfer of ownership in the donated HBM from the research participant to the research institution is a statutory requirement. This necessarily implies that HBM in the research context is indeed susceptible of ownership and, moreover, that HBM in the research context is owned by research institutions and not research participants.

Przyczyny odmowy udzielenia radnym gminy informacji o działalności spółki komunalnej

The subject of the article is the analysis of the rights of councillors regarding an individual oversight of municipal companies. The article identifies interpretation problems that may arise in the exercise of these powers. Doubts may concern the definition of entities obliged to provide information, linking the scope of information with the mandate exercised by a gmina (commune) councillor. Additionally, the problem of refusal or failure to provide information to councillors arises. If such information is classified as public, councillors may attempt to obtain it only according to the relevant statute. However, if this qualification is taken into account, the introduction of separate provisions, which are not sanctioned, raises doubts.

The Enforcement of Foreign Arbitral Awards: A Critical Analysis of Current Pakistan Arbitration Mechanism

The current research provides an analytical study on the domestic and international arbitration and the application of foreign arbitral awards in Pakistan. The research explains the international arbitration, how it operates, its processes, rulings, and execution as per the domestic arbitration mechanism existing in Pakistan. The study further identifies the flaws that render it impossible to cope with fundamental factors such as the application of foreign arbitral awards at the domestic level as per international practice. The current research adopts analytical and descriptive approaches for interpreting and analyzing the data. Literature reviews for this research consist of relevant statutes, treaties, international Conventions, governing rules and regulations, case laws, legal authorities and have been explored as primary sources. Furthermore, international referred journals, research articles, journal magazines, online databases, dictionaries, law reviews are also acknowledged as secondary sources for this research.

Peculiarities of court hearing of economic cases involving foreign element

The article addresses Ukrainian legislation that governs hearing economic cases with a foreign element. Relevant statutes in the realm have been analyzed. The algorithm for determining the applicable legislation is investigated. The main drawbacks of the laws in force are spotlighted and the ways for further improvement are envisaged. The author identifies the main risks business entities can encounter when a case involving foreign element is litigated. The grounds for consideration by commercial courts of Ukraine of cases with a foreign element are investigated. The author notices that the case law on these issues is inconsistent. Among the vexed questions related to the category of economic cases at hand, the following deserve special attention: determination of jurisdiction of the case; determination of the applicable law; features of proof; recognition and enforcement of court decisions abroad. The author concludes that the choice of a foreign court or law should be conscious and clearly motivated, as this is very important for judicial protection.The attention is focused on the complicated interaction between international and national law when economic dispute involving foreign element is considered by the court. The modern tendencies of judicial practice in this sphere are discovered. The typical procedural errors of the parties to a dispute are summarized and the problems of law enforcement are covered. The author analyses effective legal methods for considering a dispute on the basis of Ukraine legislation. The article contains recommendations for courts on learning the content and interpretation of foreign law for the purpose of its application in cases involving foreign element. The application of the institute of contractual jurisdiction in commercial cases with a foreign element is investigated. The author provides practical recommendations to business entities in order to effectively protect their rights in court. The author concluded that litigants should take an active part in the process of clarifying the content of foreign law.

Regulating Pharmacy Practice: Analysis of Pharmacy Laws in Ten States.

The National Association of Boards of Pharmacy (NABP) recently established a task force to help states develop regulations based on "standards of care" rather than "prescriptive rule-based regulation." This signals a shift in orthodoxy as pharmacy has traditionally been a highly regulated profession. A benchmark report on the pharmacy, nursing, and medical statutes and regulations in Idaho found that pharmacy had a higher overall word count, more overall restrictions, and had to be amended more frequently to keep pace with change. To identify opportunities to make the transition to a "standard of care" regulatory model in pharmacy law, this manuscript attempts to quantify the regulatory burden for 10 Western U.S. states. The relevant statutes and regulations were gathered from each of the 10 states, and key measures were extracted, including word count, restrictions, exemptions, and the composition. States exhibited wide variation in overall regulatory burden as measured by word count (average of 65,882 words, SD=35,057). The top categories of pharmacy law are: 1) professional practice standards (25,249 ± 16,077 words); 2) facility standards (15,230 ± 10,240 words); and 3) licensing (11,412 ± 6,191 words). More than 65% of all pharmacy regulations are in rule adopted by board of pharmacy rather than in statutes passed by the legislature. States exhibited major variation in total regulatory burden, with the largest contributors to cross-state variation being regulations related to professional practice standards and facility standards. This analysis suggests these two areas should be the primary targets of states looking to decrease regulatory burdens and that regulatory boards have a significant opportunity to remove regulatory burdens even in the absence of legislative action.

The Prehistory of the Offences Against the State Act 1939

This paper considers the 18th and 19th century legislation which preceded the Offences against the State Act 1939. It explores some of the themes evident in the Acts and includes an Appendix listing relevant statutes from 1763-1900.

Legal Implications of Covid-19 on the Employers’ Duty to Provide a Safe Work Environment.

World over, governmental, industrial, commercial, educational and virtually all types of facilities were shut down in an attempt to contain the spread of the novel corona virus (Covid-19) pandemic. After periods of complete shutdown during which enforced ‘stay at home’ and ‘social distancing’ policies were instilled into the populace, Nigeria has been gradually reopening her markets and work places. The aim of this paper is to contemplate the changes, adjustments and emphases in the Nigerian employment sector as a result of the Covid-19 pandemic as it relates to the employer’s duty to provide a safe work environment. The paper expands on the employers statutory and implied duty of care in the employment relationship. It interrogates the extent of an employer’s liabilities where an employee is infected at the place of work and whether having staff work remotely from home discharges the employer's work safety responsibility. The work also addresses whether there is a legal obligation on the employee to undergo medical tests before resuming work and the employee’s right to privacy of health information. Can an employee be dismissed for disobedience to lawful and reasonable instructions if he refuses to work as a result of the employer’s failure to provide a safe work environment and where said employee resigns, could such resignation be seen as constructive dismissal? In answering these potent questions, references are drawn from relevant statutes, decided cases, the Common Law, the National Policy on Occupational Safety and Health and precedents from foreign jurisdictions. Key Words: Employer’s duty of dare, Covid-19 pandemic, Occupational safety and health law and policy, Employees compensation, Privacy of health information, Contract of employment in Nigeria. DOI: 10.7176/JLPG/101-19 Publication date: September 30 th 2020

Non-retroactivity in Prosecuting Crimes against Humanity and International Crimes Tribunal Bangladesh

The International Crimes Tribunal Bangladesh (ICTB) was set up by Bangladesh through the adaptation of the International Crimes Tribunal Act 1973, as an internal mechanism trying to prosecute and punish Bangladeshi perpetrators who committed international crimes in Bangladesh liberation war in 1971. After a long disappearance from the public eye, the Tribunal was reemerged in 2010. The recent cases decided by the Tribunal have revealed that the international crimes; namely, crimes against humanity, were allegedly committed in 1971, while the relevant Statute was enacted in 1973, and was implemented in 2010. Recently, the ICTB is prosecuting crimes against humanity retroactively, which might have violated the prohibition of penalizing certain conducts committed by the perpetrators before the enforcement of such conduct as a law banning such demeanor as an offense. Therefore, this study firstly analyzes the rule against retroactivity in international criminal law. Secondly, it investigates the justification of the retroactive criminalization of crimes against humanity at the first International Military Tribunal, Nuremberg, and its crystallization into the regional and international legal instruments. Thirdly, the study examines the characteristics of crimes against humanity as an international crime, to scrutinize whether the ICTB needs to fulfill such requirements either in 1971 or 2010. Then, it illustrates various judgments of the ICTB, demonstrating that it does not comply with the rule prescribed by international laws either in 1971 or 2010, in prosecuting crimes against humanity retroactively. Lastly, the study concludes by forwarding ways necessary to the ICTB in retroactive prosecution of international offenses.

When Does Agreements Restrict Competition in EU Competition Law?

Under EU competition law it is prohibited to conclude anti-competitive agreements. If found, such conduct warrants fines in the millions. How-ever, little guidance on what to consider restrictive practices are available from the relevant statute, referring the matter to case law. Here a pattern is emerging, holding some practices anti-competitive by object while others must be assessed whether they are anti-competitive or not against their effect, without offering workable definitions on the lines between these. Moreover, other issues remains equally open-ended e.g. when the anti-competitive effect is appreciable. In this paper a framework, including four analytical steps, will be provided as road-map for the appraising of restrictive agreements and practices under EU competition law.

REMS Patents Should Not be Listed in Orange Book

This submission to the FDA explains why patents covering REMS (Risk Evaluation and Mitigation Strategies, applying to risky drugs) programs should not be listed in the Orange Book (which lists drugs and any relevant patents). First, it explains that these patents are not similar to categories listable in the Orange Book. Second, it demonstrates how the listing of REMS patents in the Orange Book harms competition. Third, it shows how these patents undermine the relevant statute. Fourth, it offers a proposal to implement the recommendation.

Securities for Expense Statutes: Easing Shareholder Hopelessness?

The quintessential derivative suit is a suit by a shareholder to force the corporation to sue a manager for fraud, which is admittedly an awkward and likely unpleasant endeavor and, according to the Supreme Court, a “remedy born of stockholder helplessness. Stockholders who hold no concurrent management role are indeed limited in their arsenal to combat perceived managerial neglect or malfeasance. Other than exercising their voting rights to bring about a change in management, these shareholders are at the whim of their elected and appointment champions, subject of course to the not insignificant fiduciary duties imposed on these managers. Where ownership and control of an enterprise are vested in the same population, the need for a corrective mechanism like a derivative suit is greatly lessened because the owner/managers self-interest will arguably guide managerial conduct. But where ownership and control are in separate hands, the incentives change and managerial conduct may not conform to the owners’ view of the best course of action. This may lead to what the owners consider to be director misconduct. The existing corporate laws have not been effective in stopping this kind of director misconduct, so “stockholders, in face of gravest abuses, were singularly impotent in obtaining redress of abuses of trust.” In these situations, shareholders are arguably in need of legal strategies to protect them from abuses by management. Presumably in an effort to limit the abuse of strike suits that would take up both managerial time and resources and corporate dollars, several significant procedural hurdles for derivative plaintiffs have arisen including the requirement of contemporaneous share ownership, a requirement that derivative plaintiffs make a “demand” on the corporation, with particularity, to take requested action, the lack of access to the discovery process, and compliance with any relevant security for expense statutes. Balancing the right of shareholders to hold their directors accountable against the need for directors to have the freedom and autonomy to discharge their statutory and fiduciary duties is no easy feat. That said, these hurdles, when combined, may erode or even undermine the ultimate utility of the derivative litigation process. This Article provides an evaluation and analysis of one of the primary procedural roadblocks facing derivative plaintiffs as they seek to hold their corporation accountable: the security for expense statute. The theory behind these security for expense statutes is that they will act as a sieve and somehow weed out strike suits that have no merit. A major problem is these suits have no true metric to determine which suits are in fact meritorious. They all use percentage of stock or market value of stock owned as some sort of proxy for thoughtful and meritorious litigation. The theory implicitly assumes that stockholder with less than the required threshold will not bring meritorious claims; the sole metric to determine if a shareholder is acting in good faith and thus should be permitted a day in court is the amount of stock owned. The idea presumes that a major shareholder has a financial interest in not wasting the corporate time and resources on a frivolous claim and may be deterred from filing to avoid posting the bond and that this shareholder, because of the amount of stock owned, will be motivated to serve the best interests of the corporation. It does not follow, however, that minority shareholders necessarily lack the same financial incentives. The amount of stock, or even the market value of one’s stock, is not a perfect proxy for a metric to measure whether a particular shareholder will be wasting corporate time and money. Yet shareholders whose holdings are below the relevant statutory are required to provide security in order for their claims to move forward. This Article examines and compares the nine existing security for expense statutes, offering observations on those challenges present in the current statutes and those new challenges flowing from these statutes. The Article also evaluates the limited amount of case law flowing from these statutes, as part of an evaluation of the usefulness of this mechanism as a gatekeeper in derivative litigation and provides recommendations for legislative reform and modifications to existing doctrine that will help further the goals of the shareholder empowerment through the derivative litigation process, while keeping the potential for strike suits in check.

Repositioning the Trademark Registration and Opposition Proceedings in Nigeria for Greater Efficiency: A Call for Legislative Intervention

In the world of increasing globalization and the aggressive growth of the creative economy, the importance of intellectual property (IP) to ensure freedom of fair competition and respect for honesty in trade cannot be overemphasized. Trademarks are important components of the IP system which have strong influence on investment and marketing decisions. Protected trademarks are granted monopolies by government and enforced by the courts in favor of merchants who reserve them. Save in exceptional circumstances, trademarks are protected through registration. The Nigeria Trademark Act makes provisions for guidelines and procedure for the registration of trademarks and opposition thereto. However, it is doubtful if the Nigeria Trademark Act and its Regulations made almost six decades ago are still in conformity with the global trends in trademark registration and opposition proceedings. Therefore, this work seeks to examine trademark registration and opposition in Nigeria in the light of practical realities with a view to suggest ways for improved effectiveness and efficiency. The paper adopted doctrinal research approach. The main sources of information and data collection for this study were the relevant statutes, case laws, textbooks, articles and the internet. The work found that it is imperative to improve trademark registration and opposition proceedings in Nigeria in consonance with the universal trends in trademark practice and administration. The paper recommended inter alia, for the amendment of the Trademark Act and Regulations with a view to establishing a full-fledged trademark tribunal with its composition, powers, finances and administration for expedited opposition hearing process.

Construction of modern and high-tech agricultural temporary vegetable storehouses

Introduction. This article addresses the question of existing problems of development of construction industry in agriculture. Outdated old construction technologies and building structures give a reason for optimization and introduction of modern technologies in agricultural production. The outdated technologies of agricultural construction have a negative impact on the position of agricultural industry in the world stage of trade and economy of countries, while optimization and inevitable modernization of agricultural production and construction allow securing a foothold in the world market. Aspiration to take the lead in the world market is one of the most important tasks of agricultural industry. The agricultural industry also plays an oversize role in human life and the health, efficiency, development and activity of citizens depend directly on the quality of products delivered to the shop windows. This scope of research of this article is a comparison of traditional, temporary, field vegetable storehouses operating in winter time with modern technology of construction of these facilities in terms of technology, efficiency, environmental friendliness, mobility, availability, functionality and profitability. Materials and methods. In the course of this work, the following research methods were used: familiarization with the relevant statutes and regulations related to the study area, comparison of traditional and modern methods of vegetable storage in the field environment during the winter period and identification of the main advantages and disadvantages. Results. The positive and negative sides of the design and methods of construction of modern and traditional outdated technology have been revealed, as well as optimization of construction solutions necessary to ensure conditions for maintaining the quality of products in due form. Conclusions. Modern construction concepts and development of agricultural construction is an important area that allows provoking the trend of economic growth of countries, to take a leading position in the world market, to improve the quality of life of citizens, to improve the ecological system of the area and develop business activities.

THE CONCEPT AND APPLICATION OF HIBAH AS A FINANCIAL INSTRUMENT FROM THE MALAYSIAN LEGAL PERSPECTIVE: AN ANALYSIS

The principle of hibah (gift) is a popular subject in the Islamic law of administration, relating to wealth management. Hibah is a solution to deliver wealth to non-heirs apart from the wasiyyah (bequest) or faraid (succession) systems. However, in the broader context of wealth management in Malaysia, hibah has also been used as a financial instrument in the Islamic financial institutions’ products and services. Based on that, the legality and enforcement of hibah with regards to the related applicable laws in the Malaysian legal system might be affected in two different situations. First, the conflict of jurisdiction may be arising from the fact that the matter of the classical hibah concept will be under the jurisdiction of the classical hibah concept will be under the jurisdiction of the States, whilst the commercial hibah which has been structured with the Islamic banking and takaful products and services established by the Islamic financial institutions, will be under the Federal government. The scarcity of literatures discussing hibah from the perspective of Islamic banking and finance contributes to the limited understanding and awareness among the society on this matter. In view of that, this study explores and analyse the concept and application of hibah as the financial instrument in the Islamic banking and takaful products and services. This study also analyzes some relevant Shari’ah and legal issues on the application of hibah in the Islamic banking and takaful products and services, which are currently practiced by the Malaysian Islamic financial institutions. This is done by assessing relevant statutes and decided cases. This article finally provides recommendations to improve and enhance the application of hibah as an Islamic banking and takaful products and services in Malaysia.

Judicial exclusivity in actions against public authorities: civil procedure rule, O’Reilly and human rights

Purpose This paper aims to provide an account of the legal development concerning civilian right to pursue legal action against public authorities. Review includes historical recap of the state of law practiced prior to 1977 and the decision in the case of O’Reilly that forcefully limit individual’s right to bring action. Despite its blatant disregard of the relevant statute, the O’Reilly decision remains a valid precedent. The essay then considers subsequent law reform and the effect of the Human Rights Act 1998 in limiting the applicability of the O’Reilly principle. The essay aims to benefit law students and non-legal lay person. Design/methodology/approach The paper adopts a hermeneutics positivism approach in considering relevant case laws that is precedent to the matter under discussion. Thereupon, an interpretivism approach is applied to examine subsequent reforms and its impact on civilian right to seek justice. Findings Judicial exclusivity restrains right to seek justice, but is it not totally discredited due to public policy. UK membership in the EU is an obstacle to judicial sovereignty, but it is also an avenue to dilute exclusivity. Social implications This paper is presented in a simple easy-to-understand form that enable lay-person to understand the current state of law in matters concerning public law violation by public authorities and avenues available to them. Originality/value The paper contributes to reinforce understanding on the conflict between common law and statute, and current state of law concerning individual’s right to access to the court of law in cases related to public laws and public authorities.

SERBIA AND MONTENEGRO: THE NEW LEGAL FRAMEWORK FOR THE PROTECTION OF ETHNIC MINORITIES

In the beginning of 2003, the Federal Republic of Yugoslavia was reconstituted as the State Union of Serbia and Montenegro. The reconstitution was legalized by the Constitutional Charter of Serbia and Montenegro of March 27th, 2003. The fate of this union is pretty uncertain as it remains to be seen whether it will survive and in which form, or whether the associated republics, Serbia on the one side, and Montenegro on the other, shall soon separate. However, life goes on. In the last few years, even months, certain changes of the legal system were introduced in Yugoslavia. Among these changes, particularly interesting were those related to the regulation of rights and the situation of ethnic minorities. The analysis of the legal regulations of a certain state logically starts with its supreme legal act, its constitution, and then continues to its other relevant statutes and regulations. Still, having in mind the current realities of Serbia and Montenegro, a form of chronological order seems more suitable. Therefore, after the introductory notes, the Federal Act on Protection of Rights and Freedoms of National Minorities (adopted in 2002 in the Federal Republic of Yugoslavia and still in effect) will be presented, with the relevant supreme legal acts of the State Union of Serbia and Montenegro after that.