Specific Statute Research Articles

ROLE OF PEACE KEEPING ARMY IN PREVAILING JUSTICE TO SECOND WORLD NATIONS

Peacekeeping has been used as a significant tool for the past six decades in solving crises that are dangerous to peace and security at the international level. Over the years the missions regarding peacekeeping have not only grown in size but have also seen an increase in complexity. A lot of personnel including police, military, civilians, and others deployed in United Nations peacekeeping operations around the world have reached unprecedented levels since the commencement of the latest millennium. When the peacekeeping missions began, they were largely governed by the body of principles that was unwritten and were more affected by the events people went through while working for decades rather than any specific statute. The conservation of global safety and tranquillity was the main objective behind the formation of the United Nations. The main tool to achieve this objective is the process of peacekeeping

The Distinctive Aspects of Institutional Arbitration Under Egyptian Law

Both the Egyptian Arbitration Law of 1994 and the relevant jurisprudence are devoid of any rule that regulates arbitral institutions’ incorporation and good standing. However, recently, and only after the Chevron Sham Arbitration saga, Egyptian courts have tackled the issue of arbitral institutions’ legal framework, where many subsequent related questions were then raised. For instance, is there an actual legal framework that governs arbitral institutions in Egypt? If so, what is the statute applicable to that effect? Are all kinds of arbitral institutions, operating in Egypt, subject to the same legal framework or statute? Is there an actual need to enact a new specific statute to avoid the recurrence of a fraudulent sham arbitration like the Chevron one? This article will attempt to answer all these questions, despite the dearth of Egyptian jurisprudence. It will also shed light on the collateral, but essential, problematic issues that arise while analysing the legal framework of arbitral institutions in general, and the Egyptian Sports Centre, in particular. As a part of this analytical study, and for purposes of comprehensiveness, the current article demonstrates the legal consequences of administering an institutional arbitration (i.e., the internationalization of institutional arbitration) as well as the consequences of wrongful administration of institutional arbitration, with a particular attention to the issue of a fraudulent administration such as in the case of the Chevron Sham Arbitration. Arbitral Institutions, Incorporation, Good Standing, Sham Arbitration, Egyptian Sports Centre, Local Appeal Body, Sports-Related Body, Internationalization, Fraud

The Right of Individuals to Access Constitutional Justice and Its Role in Protecting Rights and Liberties in Morocco

This study aims to highlight the gains in the right of individuals in Morocco to access constitutional justice by pleading the unconstitutionality of a specific statute. It looks at the regulation of this right and the conditions for the acceptance of such claims in comparison with other constitutional judicial systems, specifically the French constitutional judiciary, as well as the extent to which this mechanism helps to safeguard and protect rights and liberties. I use a comparative approach to identify similarities and differences between the Moroccan constitutional judiciary and its French counterpart, as well as to draw in the Egyptian constitutional judiciary whenever possible. The study adopts a legal approach to analyse constitutional and legal texts, and court rulings relevant to claims of unconstitutionality, examining the procedures and conditions for making such claims and their limits. The study finds that there are some difficulties that may hinder individuals in their attempt to access constitutional justice, such as frivolous lawsuits aimed only at prolonging litigation, especially given the potential for the proliferation of claims. The study demonstrates that individuals’ access to constitutional justice is linked to their recognition of the need to make proper use of the unconstitutionality argument, in order to avoid flooding the court with frivolous suits.

Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region

Ethiopia ratified Convention on the Rights of Persons with Disability in 2010. The Convention under article 13 provides rights of effective access to justice for persons with disabilities in an equal basis with others. The Ethiopian laws, policies and strategies to ensure the participation of persons with disabilities on an equal basis with others in the justice administration, including in their role as judges, witnesses, jurors, lawyers or any other active party is not effective inlight with its obligation under the convention. For instance, the convention provides member states obligation to ensure effective access to justice for persons with disabilities, recognize and promote the use of sign languages. However, there exist no specific statute requiring for the mandatory appointment of sign language interpreters for accused with hearing impairment, they are not guaranteed to exercise their Constitutional right to be informed in their understanding sign language, confrontation and cross examine witness during criminal proceedings in Ethiopia. As Ethiopia has signed the Convention, it must refrain from acts which would defeat the object and purpose of the Convention to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’ as envisaged from cummulative interpretation of preamble, objective, article 13 of CRPDs vis-a-vis Art. 18 of Vienna Convention on the Law of Treaties. The main objective of this article is to evaluate the compatibility of Ethiopian legal frameworks and judicial practices in study area vis-à-vis states obligation under CRPD to ensure effective access to justice for PwHI during criminal proceeding and forward a concrete recommendation. The author has employed doctrinal legal analysis and qualitative method of data collectio to complete study in this article accordingly.

Rights of Accused and Victim against Media Victimization: a Critical Examination

With the advent of technology and communication media, it is now possible to gather and integrate data via a digital medium. Data sharing without authorization via electronic media is referred to as a breach of digital privacy. The right to privacy is a human right that is guaranteed by law in nearly every country and has been extended to those who are under trial/ accused. At the same time, the press, including digital media, has the right to freedom of expression. This paper examines the unwarranted intervention of digital media in the personal lives of both the victim and the accused. Inquisitorial as well as adversarial models of judicial process presume the accused innocent until guilt is proven after following the due process of law. This paper investigate the unrestrained and irresponsible publication of news and posts that violate a person's data privacy and available remedies in the law when rights to privacy are breached. It also comparatively examine privacy laws and legal remedies in the United States, the United Kingdom, and India, and make appropriate recommendations. Study of this paper reveals that in the wake of rising interferences by media, there is no specific statute providing protections.

Conception of Saviour Siblings: Ethical Perceptions of Selected Stakeholders in Malaysia.

The conception of saviour siblings using preimplantation genetic diagnosis coupled with human leukocyte antigen (HLA) typing or HLA typing alone is controversial and receives a wide divergence of legal responses among countries around the world. The resulting child conceived through this procedure is dubbed a 'saviour sibling' as the child can potentially act as a compatible donor for an elder ailing sibling who needs a haematopoietic stem cell transplantation. At present, the acceptability of this procedure in Malaysia is ambiguous as there is no specific statute governing assisted reproductive technology, and the guideline issued by the Malaysian Medical Council does not expressly address this issue. The ethical arguments relating to the conception of saviour siblings in the current literature are mainly thought to reflect a liberal viewpoint which is predominantly Western in nature. This paper seeks to explore the perception of selected key stakeholders on the acceptability of and ethical concerns related to this procedure in the Malaysian context. The findings indicate that stakeholders generally support the conception of saviour siblings and some of their concerns echo the Western viewpoint. Interestingly, many were highly anxious about its economic implication, which is rarely discussed in the current literature on saviour siblings.

Developing Statewide Violence Prevention Programs in Health Care: An Exemplar From Massachusetts.

Workplace violence is on the rise in health care. This problem contributes to medical errors, ineffective delivery of care, conflict and stress among health professionals, and demoralizing and unsafe work conditions. There is no specific federal statute that requires workplace violence protections, but several states have enacted legislation or regulations to protect health care workers. To address this problem in their state, the Massachusetts Health & Hospital Association developed an action plan to increase communication, policy development, and strategic protocols to decrease workplace violence. The purpose of this article is to report on the quality and safety improvement work that has been done statewide by the Massachusetts Health & Hospital Association and to provide a roadmap for other organizations and systems at the local, regional, or state level to replicate the improvement process.

FVRA Cannot Be Used to Appoint an Acting Attorney General

The President’s recent appointment of Matthew Whitaker as Acting Attorney General is unprecedented and calls into question several legal issues. Though most are based on questions of constitutionality, there is a strong and novel argument that the statute used by the President to make the appointment, FVRA, may not be used in such a way. Instead, a separate statute, 28 U.S.C. § 508, compels the Deputy Attorney General to take charge of the Justice Department. By presenting never-before-seen legislative histories to support that conclusion, it also becomes clear that FVRA cannot be used to make appointments to many other high-level offices covered by a specific statute. These conclusions are further affirmed by well-settled canons of statutory construction. Put simply, this article shows not only why the appointment of an Acting Attorney General is unlawful, but why any use of FVRA to displace a specific succession statute is similarly unlawful. This article is set to be published in either November or December of 2019 and its final version will be uploaded to this web address. Following this article, a large appendix of photographs of original and contemporaneous documents related to FVRA is provided. These photos were taken at archives across several different states, and offer a more full legislative history of FVRA than is available anywhere else.

"Making Physical and Virtual Sexual Harassment Illegitimate: The US #MeToo Movement and the Israeli Prevention Act"

Awareness of sexual harassment as an undesirable and harmful phenomenon has been raised recently through the #MeToo movement. This “wake-up call” has driven women and men to come forward, mainly in the media, and share instances in which sexual harassment happened to them. Although U.S. courts have recognized sexual harassment as illegal against all genders under Title VII, that statute does not mention the word “harassment”; hence, unfortunately, the phenomenon remains largely unreported. Sexual harassment cases based on Title VII are complicated and rely on court decisions and EEOC guidelines that impose many prior procedural conditions. This paper argues that more specific legislation that addresses the prevention of sexual harassment with a broad, up-to-date, theoretically based and preventive perspective would be more accessible, understandable, and ultimately enforceable beyond the workplace. This may lead to a better level of enforcement that will break the victims’ silence against their harassers. This article discusses the Israeli approach to how sexual harassment is tackled. Already coined the most progressive law of its kind in the world, the revolutionary Israeli Prevention of Sexual Harassment Act, 5758-1988 (in this article: the Act or the Israeli Act), has allowed women and other victims of sexual harassment to take legal action against harassers in an efficient and accessible manner. This article also draws on the legendary work of Felstiner, Abel & Sarat, who addressed the transformation process by which injurious experiences turn into perceived grievances and ultimately disputes. These authors claim that transformation studies provide a spotlight to the alleged conflict in the U.S. and explore the question of whether these levels are too low. Following that foundation, this article further develops the transformation theory and analyzes the struggle against the sexual harassment epidemic via the Israeli Act, according to four steps: “Naming, Blaming, Shaming and Amending.” “Naming” identifies the harmful conduct, the hidden mechanism underneath and the outcome of excluding the victims. This is followed by broadly defining sexual harassment to target potential harassers. Blaming attributes guilt to the wrongdoer – the harasser, using enforceable legal steps within the workplace and courts. This results in enforcing legal sanctions against the harasser. “Shaming,” an additional step, is the process of attributing illegal and non-acceptable social values to the harassers, which include public figures. In addition, I argue that a further necessary step to keep the Act relevant with the rapid evolving reality is “Amending.” An example of “amending” is adapting to the new appearance of sexual harassment in digital spheres. This has become a concern that does not go unnoticed, hence the Act’s amendments and its inclusion in the definition of sexual harassment. In addition, this article provides a theoretical analysis to the underlying harassment and explains the phenomenon in both the real and virtual sphere, which excludes women from the workplace and public domain, while violating their rights and shares in the distribution of justice. This article not only joins other scholars and legal practitioners claiming that specific state laws can offer greater protections against sexual harassment, but also suggests a model to increase the enforcement level. While several states, such as California and recently Connecticut, and cities, like New York City, have adopted specific laws against sexual harassment, which represents an important step forward, their approach still reflects a narrow perspective which focuses on anti-discrimination in the workplace. Additionally, many U.S. states still rely on Title VII, which requires complicated perquisite procedures like proving discrimination and meeting other prior conditions. This study article will describe how, despite the #MeToo and other movements, many of the U.S. states have yet to adopt a specific statute to regulate the prevention of sexual harassment, while deliberating in depth the features of the Israeli Act. This article will reflect lessons learned and what characteristics of the Act made it in essence so powerful and influential, among other aspects, in hearing the sound of silence. Policy makers are urged to rethink the current U.S. legal regime that currently places hurdles when it comes to enforcement surrounding this phenomenon.

New Developments in the Italian Multilevel System: the “Differentiated Regionalism”

This article focuses on the concept of differentiated regionalism (“regionalismo differenziato”) within the Italian constitutional system. Since 1948, the Italian constitutional system has been defined by an asymmetric type of regionalism: on the one hand there are “normal” regions that enjoy the same set of legislative and administrative powers, on the other are “special” regions whose autonomy is governed by a specific statute. The 2001 constitutional reform provided for normal regions to negotiate with the central government for more extensive legislative and administrative competencies. This was laid out in the newly introduced Article 116 para 3 of the Italian Constitution which enhances the asymmetric element in Italian regionalism. The background and the arguments that led to the introduction of Article 116 para 3 are discussed as well as the uptake and degree of actual implementation. Comparisons between the existing “special” regions and those affected by “regionalismo differenziato” are presented as well as the implications this new form of regionalism is having on the development of Italian regionalism.

The Case for a New Statutory Regime Addressing Revenge Porn in India: Exploring the Disputed Terrain From a Feminist Perspective

The recent rise of online feminist activism, including the #MeToo Movement has been a catalyst for driving attention globally to issues concerning women and their everyday experiences of violence and harassment in the virtual world. However, in a developing country like India, the severity of a crime like non-consensual pornography was brought into public gaze only after a path breaking decision by a District Court in West Bengal in a ‘revenge porn’ case, namely, State of West Bengal v. Animesh Boxi ( hereinafter referred to as ‘Boxi’). The NCRB 2017 data shows that almost 6.7% of cyber-crime cases registered were for the motive of sexual exploitation. While men have often been victims of non- consensual pornography through unauthorized sharing of explicit pictures of themselves, revenge porn predominately impacts women. Not only are women more likely to be victims of revenge porn, but the effects are also far greater on women due to socially constructed belief that women who are victims of sexual assault must have provoked the incident. Furthermore, the victims’ sexual autonomy is criticised since it is believed that women should not have sexual impulses but the viewers and even the general public, who witness the crime, are reluctant to accept that an image might be shared with a partner voluntarily but not for public dissemination. Women are expected to take responsibility for their lawful personal choices rather than placing responsibility on the perpetrator of their inexcusable action. This form of non-consensual pornography not only institutionalises male supremacy but also sends a message that the survivor deserved the consequences while the perpetrator rightfully disseminated the intimate media, thus further promoting objectification of the female body. The fact that Boxi brings with it the first conviction in India, throws light upon the larger picture of how survivors who do not fit ‘ideal victim’ stereotypes are never brought to justice. The Hon’ble Court has vehemently termed this gender-based violence as ‘virtual rape’ highlighting the fact that it somewhere has a connection with the socially constructed expectation of gender. The lack of scholarship in this particular area resonates the struggle faced in recognising domestic violence in India and subsequently bringing about a specific legislation. Not only have allegations of revenge porn been dismissed like domestic violence, but revenge porn is often a form of domestic violence, rather intimate partner violence, in and of itself, with abusive partners threatening to expose explicit pictures of their significant other as a form of control over them. Drawing on the example of Boxi, the author makes an attempt to offer a fresh perspective on the efficacy of the existing legal regime by putting forth feminist legal arguments and exploring the possibility of situating such an act within the scope of civil remedies and criminal prosecution available for copyright violation (considering the fact that most images clicked these days are ‘selfies’) and defamation, respectively. The paper is designed to challenge the underlying normativity that operates as a dominant thinking pertaining to an ‘ideal victim’ of intimate partner violence and examine the ‘rape-shield’ theory of evidence vis-a-vis ‘revenge porn’ since the Court has equated the offence to ‘virtual rape’. The author also makes an attempt to inquire how women and men live through the meaning of their experiences/ understanding of this issue by recording responses of 100 participants (between the age group of 15-40 years) vide a structured closed questionnaire in order to demonstrate that the hegemony of sexual stereo-typing not only resides in the legal but very much in the social as well. While various feminist advocates have been mooting for introducing a specific statute, the author offers a close appreciation of how it might not be the most plausible solution to curb the menace.

How independent is India’s labour law framework from the state’s changing economic policies?

Judicial interpretation of statute law in common-law countries means that the judiciary may mediate the social impact of legislation. In the case of the protection of labour rights in India, this article examines the extent to which the judiciary acts independently from the government of the day, and the extent to which court judgements are swayed by prevailing administrative policies. Specifically, to what extent have economic liberalisation and labour market flexibility policies influenced court decisions in cases challenging worker dismissals? Drawing on a review of 270 judgements delivered by the Supreme Court of India and the state High Courts between 1950 and 2010, a relationship is traced between a shifting pattern of Courts’ judgements and policy changes initiated by the Indian government in response to economic conditions. The objective of the study is to understand the effect of a structural shift in the economy on the cases of consented and contested decrees related to dismissal of workers under the relevant laws in India. It is found that the specific statute has not greatly changed through legal reforms, but the judiciary’s interpretations of it have changed over six decades based on dominant socio-political currents, in tune with government economic policies. This raises profound questions about judicial independence in defence of labour rights.JEL Code: K31

Physicochemical and Microbiological Analysis of Stingless Bees Honey Collected from Local Market in Malaysia

The growing demand for honey in the market has led to the occurrence of the tampering honey with foreign substances and increases the production of artificial honey. Due to this concern, this study works on the physicochemical and microbial characterization of stingless bee honey. The physicochemical analysis showed that the honey possessed pH (2.51–3.26), free acidity (121.1 to 318.7 meq/kg), moisture (19.4–30.9%), electrical conductivity (0.33–0.69 mS/cm), ash content (2.75–4.31 g/100g), Hydroxymethylfurfural (HMF) content (35.4 to 461.7 mg/kg) and diastase activity (2.71 to 6.11 DN). Also, sugar profile of honey showed that the honey contained fructose (15.03–32.52 g/100g), glucose (12.17–34.55 g/100g) and sucrose (0.01–7.29 g/100g). The harvested honey, H1, and H2 have the highest potential to become an antibacterial agent to treat disease compared to commercial honey samples because they were active against Gram-negative bacteria. All analyzed samples were within the maximum limit of the quality criteria set by the Malaysian Kelulut Standard and Codex Alimentarius except for free acidity, HMF, and Diastase Number. All the data obtained is vital in order to create a specific statute for stingless bees honey in Malaysia that may help to protect the consumer from purchasing adulterated honey.

Vulture Funds and Sovereign Debt. The Argentine Experience and Its Consequences. The Necessity of a Specific Regulation in the United States to Avoid Future Similar Cases.

Vulture funds have become a serious threat for sovereign issuers that that seek to restructure the payment of their sovereign bonds after a default. During several years, these funds have obtained astronomical rates of return through the acquisition of defaulted sovereign bonds at a highly discounted price and the subsequent litigation to recover the full face amount of the bonds. Since, unlike corporations, sovereign debtors are not protected by an insolvency law prevents holdout problems, this practice has prevented the sovereigns from overcoming the default by reaching a restructuring agreement with most of the bondholders. Instead, sovereigns have been forced to pay the full amount of the bonds to the holdouts to regularize their situation. Argentina's litigation saga against a group of vulture funds leaded by NML Capital is the most iconic case on this topic. After Argentina’s 2002 default — the largest sovereign default to date —, 92.7% of the bondholders accepted Argentina’s restructuring proposals. However, the vulture funds insisted in pursuing litigation to recover the full amount owed by Argentina under the original issuance. During the following years, Argentina paid all the sums owed under the restructuring proposals and continued to repudiate the debt held by the holdouts. In 2012, the U.S. Court of Appeals for the Second Circuit, based on an unprecedented interpretation of the pari passu clause, enjoined Argentina from continuing paying to the bondholders who accepted the restructuring proposals without jointly making a “rateable payment” to the holdouts. Accordingly, Argentina had to repay the full amount of the bonds to the holdouts to put an end to the default and return to the financial markets. After the Argentine experience, sovereign issuers have included in their prospectuses certain contractual provisions that aim to avoid future similar interpretations of the pari passu clauses and to subject the holdouts to restructuring proposals accepted by a qualified majority of the bondholders. Notwithstanding, these provisions may not be enough to avoid future similar cases. In such regard, certain foreign countries, including the United Kingdom and Belgium, passed legislation that limits the vulture funds’ ability to take advantage of sovereign distressed bonds. The purpose of this paper is to analyze whether a specific regulation or statute is required to avoid upcoming cases similar to the Argentine experience in the United States.

Privacy Property, Information Costs, and the Anticommons

The current law of privacy is a hodgepodge of rights and remedies. Some rights arise out of a specific statute, others arise out of the general common law of torts and contract. Each system for protecting privacy has its own distinctive remedial scheme. Some rights are backed by public enforcement alone, some by private rights of action, some by both. Some come with compensatory damages, others with attorneys' fees, punitive damages, or statutory damages. Even where a private right of action exists, however, that right is often enforced by civil liability, rather than property-based entitlements. While this essay argues for property-based protection of personal data, its principle goal is to take seriously (and propose techniques for minimizing) the costs associated with the coordination problems created by a regime of information property.

PERSPECTIVES ON INTERNATIONAL LEGAL PROTECTION FOR ENVIRONMENTAL REFUGEES

As lacunas normativas de proteção aos migrantes advindos de catástrofes e desastres ambientais demonstram grande resistência da comunidade internacional quanto à criação de uma categoria específica de “refugiados ambientais”. Essas lacunas contrastam com o atual cenário internacional, onde há uma demanda cada vez maior para o reconhecimento dos direitos específicos a esse grupo de pessoas. Esse artigo tem como objetivo demonstrar o panorama geral e as perspectivas de proteção jurídica internacional destinada aos chamados “refugiados ambientais”, bem como os avanços normativos que, embora tímidos, não eximem a necessidade de uma proteção normativa específica. A metodologia utilizada baseou-se nos documentos e relatórios de organizações internacionais e sites especializados, através de uma análise qualitativa associada ao levantamento de dados documentais e referências. Embora o conceito de “refugiados ambientais” não seja reconhecido pelas Nações Unidas, alguns avanços já podem ser observados tanto no âmbito das Organizações Intergovernamentais, como no âmbito da Sociedade Civil. Por outro lado, a necessidade de uma ação internacional efetiva, seja através de medidas adaptativas e temporais, como o uso dos instrumentos de direitos humanos existentes, seja ela específica e consolidada através da criação de um estatuto específico para esta nova categoria de refugiados é urgentes e inevitável.

Common Law vs. Statutory Bases of Patent Exhaustion

The pending Supreme Court case Lexmark v. Impression Products reveals the full breadth of disagreement about the exhaustion doctrine in patent law. In practical terms, the doctrine could mean almost everything - a mandatory rule applicable to all domestic and international sales of patented goods - or almost nothing - an optional rule applicable only to domestic sales that patentees can easily avoid by contract. This essay shows that this breadth of disagreement arises from a more fundamental disagreement over the legal basis for the doctrine, with judges, lawyers and academics deeply divided over whether the doctrine is based on judicially fabricated common law or a specific statute. The essay reiterates and further clarifies our position, first advanced in our prior article, that the doctrine is based on statutory interpretation and is designed to avoid broad constructions of intellectual property rights that would interfere with the vast and complex body of common-law rules and statutory provisions governing commercial transactions. The essay also replies to two prior responses to our original article and concludes with a modest hope for what we think is a first necessary step toward clarity in this area: We hope that the Supreme Court will identify the legal basis for the exhaustion doctrine.

Complex Judicial Remedies in Environmental Litigation: The Argentine Experience

This judicial reflection addresses the nature and importance of complex judicial remedies in environmental cases. It considers the process of declaring the application of a specific statute and the remedies that follow. It distinguishes between three different approaches, suggesting that judges must apply the law and issue orders to the other State powers following a procedural approach. The analysis focuses on constitutional cases and is mainly based on the leading Argentine case concerning Riachuelo river pollution. It concludes with a final reflection on the current relevance and significance of judicial remedies.

The UCP 600 Rules In Letter Of Credit (LC): Selected Issues

The Uniform Customs and Practice (UCP) is the primary source for letter of credit (LC) transaction. Prior to the publication of the UCP, the rules in LC originating from trade customs and practices were not unanimously applied by traders. The International Chamber of Commerce (ICC) whose function is to harmonize the various trade customs practiced in LC, had initiated to compile those rules and published them under one specific reference and named it as the UCP. The UCP is always been updated in order to serve current market needs in regards to LC issues. Thus far, there is no specific statute regulated for LC. The UCP, though customary in nature and has no legal effect, has been adopted by more than 175 countries. Currently, it is unlikely to find the LC transactions, which is not governed by the UCP. Compared to the previous versions, the latest version of the UCP 600 is claimed to be comprehensive and offers modification to the preceding LC rules. This paper discusses the rules provided by the latest UCP 600 focusing on the significant issues in LC such as bankers’ autonomy, revocable and irrevocable LC, strict compliance, notice of refusal and fraud. Comparisons are scrutinized with the previous versions of the UCP and reviews are highlighted wherever necessary. In addition, reference is sought to case-law to illustrate certain issues. Furthermore, this paper examines the improvements contributed by these latest rules. Last but not least, it seeks to submit proposals for future improvement of the current UCP 600. Keywords: UCP 600; Letter of Credit; autonomy; strict compliance; notice of refusal, fraud.

Inheriting Your Mother's Eyes, Hair, and Drug Addiction: Protecting The Drug‐Exposed Newborn By Criminalizing Pregnant Drug USE

Despite the absence of statutory criminalization of drug use during pregnancy in the majority of states, states are increasingly recognizing that drug abuse is a massive economic and social problem. Tennessee is the first state to implement a statute that specifically addresses the issue of pregnant drug users by criminalizing those whose use harms their child. Because drug abuse may involve addiction in many cases, the statute provides a defense to those who take reasonable steps to seek help and get clean before the child is born. This Note examines the criminal aspect and impact of drug use during pregnancy and proposes that each state adopt the Tennessee statue, while ensuring pregnant mothers access to drug treatment and assessment through drug courts. Drug use is illegal and drug use during pregnancy should be criminalized as well. Key Points for the Family Court Community: The impact of drug abuse during pregnancy causes unhealthy babies, which creates a financial and social burden on the state. Drug use during pregnancy is associated with many risks including mortality, low birth weight, and Neonatal Abstinence Syndrome. The goal of incentivizing healthy births can be achieved through a specific statute criminalizing drug use during pregnancy. The Tennessee statute provides an affirmative defense for mothers who are actively enrolled in an addiction recovery program before the child is born and successfully complete the program. While still approaching addiction as a disease, this methodology will incentivize pregnant drug users to seek help before birthing an unhealthy child.