Should the court direct that costs ordered to be recovered on the indemnity basis be assessed by reference to a costs agreement between the successful party and their solicitors?

The decision in Hook v Boreham & QBE Insurance (Australia) Limited [2006] QDC 304 considered whether the court should go further than order that costs be assessed on the indemnity basis, but should also specify the basis by which those indemnity costs should be determined. The decision makes it clear that under r704(3) of the Uniform Civil Procedure Rules, questions of that nature are ordinarily preserved to the discretion of the Registrar.

An Australian perspective on the ALI-III global principles for cooperation in International insolvency cases

In 2012, Professor Ian Fletcher (United Kingdom) and Professor Bob Wessels (The Netherlands) presented a Report to the American Law Institute and the International Insolvency Institute entitled Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases (“Global Principles”). This followed their appointment as Joint Reporters to investigate whether the essential provisions of the American Law Institute Principles of Cooperation among the North American Free Trade Agreement Countries with their annexed Guidelines Applicable to Court-to-Court Communication in Cross-border Cases may, with certain necessary modifications, be acceptable for use by jurisdictions across the world. This article comments on the Global Principles from the perspective of a jurisdiction which has adopted the UNCITRAL Model Law on Cross-border Insolvency (“Model Law”). In 2008, Australia enacted a standalone statute, the Cross-border Insolvency Act 2008 (Cth) to which is annexed the Model Law. In that process, it made minimal changes to the Model Law text. Against the background of the 2008 Act, related procedural laws as well as Australia’s general insolvency statutes and recent cross-border insolvency jurisprudence, this article comments on the potential relevance of the Transnational Insolvency Report as a point of reference for Australian courts and insolvency administrators when addressing international insolvency cases. By comparing the Global Principles with the Model Law as closely adopted in Australia, this analysis is a resource for other Model Law jurisdictions when considering the potential relevance of the Global Principles for their own international insolvency practice.

Background paper on the international seafood trade and poverty

(121 p.)

Soviet-American Cooperative Research on Marine Mammals. Volume 1- Pinnipeds: Under Project V.6. Marine Mammals, of the US-USSR Agreement on Cooperation in the Field of Environmental Protection

Some 25 to 30 yr ago, when we as students were beginning our respective careers and were developing for the first time our awareness of marine mammals in the waters separating western North America from eastern Asia, we had visions of eventually bridging the communication gap which existed between our two countries at that time. Each of us was anxious to obtain information on the distribution, biology, and ecological relations of "our" seals and walruses on "the other side," beyond our respective political boundari~s where we were not permitted to go to study them. We were concerned that the resource management practices on the other side of the Bering and Chukchi Seas, implemented in isolation, on a purely unilateral basis, might endanger the species which we had come to know and were striving to conserve. At once apparent to both of us was the need for free exchange of biological information between our two countries and, ultimately, joint management of our shared resources. In a small way, we and others made some initial efforts to generate that exchange by personal correspondence and through vocal interchange at the annual meetings of the North Pacific Fur Seal Commission. By the enabling Agreement on Cooperation in the Field of Environmental Protection, reached between our two countries in 1972, our earlier visions at last came true. Since that time, within the framework of the Marine Mammal Project under Area V of that Agreement, we and our colleagues have forged a strong bond of professional accord and respect, in an atmosphere of free intercommunication and mutual understanding. The strength and utility of this arrangement from the beginning of our joint research are reflected in the reports contained in this, the first compendium of our work. The need for a series of such a compendia became apparent to us in 1976, and its implementation was agreed on by the regular meeting of the Project in La Jolla, Calif., in January 1977. Obviously, the preparation and publication of this first volume has been excessively delayed, in part by continuing political distrust between our governments but mainly by increasing demands placed on the time of the contributors. In this period of growing environmental concern in both countries, we and our colleagues have been totally immersed in other tasks and have experienced great difficulty in drawing together the works presented here. Much of the support for doing so was provided by the State of Alaska, through funding for Organized Research at the University of Alaska-Fairbanks. For its ultimate completion in publishable form we wish to thank Helen Stockholm, Director of Publications, Institute of Marine Science, University of Alaska, and her staff, especially Ruth Hand, and the numerous referees narned herein who gave willingly oftheir time to review each ofthe manuscripts critically and to provide a high measure of professionalism to the final product. (PDF file contains 110 pages.)

Socio-economic implications of the fish export trade on the fishers and fisheries of Lake Victoria in Uganda

The purpose of this study was to investigate the implications of the fish export trade on the fishers and the fisheries resources of Lake Victoria, Uganda with respect to sustainability. Eight fish processing factories and ninety fishers were qualitatively investigated. Socio-economic characteristics of fishers and the economic characteristics of fish factories formed a basis for the analysis. Results of the research indicate that there is a relationship between the growth in fish export trade, particularly the growth in industrial fish processing (for export) and declining fisheries resources of the lake. However, whether or not that impact is positive or negative, and to what extent there is an impact, is highly dependent upon the underlying socio-economic considerations of the fishers to the process. The fish-ban imposed by the European Union countries was particularly decried by fishers and factory owners as the main cause for the present poverty among the fishers. Fundamentally, several conflicting issues: ecological, physical and economic activities are a threat to the sustainability of the Lake Victoria fisheries, and for all that depend on and interact with the lake. There is urgent need to address the immediate issue of the growing riparian population and the global fish trade, to educate and train all the relevant actors in appropriate fisheries management techniques. Attitudes of fishers towards the fish factory developments are positive and this is a way forward for co-management for the sustainability of the fisheries resource.

Study on the quality of beche-de-mer in trade and shrinkage of specimens during processing

The beche-de-mer industry in India is a cent percent export oriented industry being confined to south east coast in Palk Bay and Gulf of Mannar in Tamil Nadu. Chemical quality of 180 trade samples of beche-de-mer of four sizes collected from the beche-de-mer curing centres of Ramanathapuram district was studied. Moisture ranged from 6.2 to 24.4% and sand content from 0.11 to 20.42% for all grades. Mean values of sand content are for grade 1=3.47%, grade 2=4.50%, grade 3=3.68%, grade 4=6.87%. Sodium chloride was almost constant for all grades at 5.7%. TVBN values ranged from 10 to 78.4 mg%. 44 laboratory samples of different grades were prepared following trade practice and examined for chemical quality. Mean moisture values are for grade 1=13.4%, grade 2=12.44%, grade 3=12.62%, grade 4=12.08% and mean values of sand are for grade 1=0.70%, grade 2=0.90%, grade 3=1.16%, grade 4=2.15%. The percentage of shrinkage of the animals ranged from 56% to 60% for dried beche-de-mer of 7.5 cm size and above.

Generation, flow and utilisation of information on the regional fish trade

The purpose of the study was to provide an in-depth understanding of information generation, flow and utilization within Uganda’s regional fish trade. The study was carried out at district headquarters, border points, landing sites and border markets, involving DFOs, Customs Officials, BMU executives and market managers.

A European Perspective on the Precautionary Principle, Food Safety and the Free Trade Imperative of the WTO

A European Perspective on the Precautionary Principle, Food Safety and the Free Trade Imperative of the WTO. European Law Review, Vol.27, No.2. April 2002, pp.138-155. RAE2008

The Irish High Court Issues its First Order on a Commitment Agreement between the NCA and an Undertaking (Fitflop)

The Irish Competition (Amendment) Act 2012 introduced court-endorsed commitment agreements to Irish competition law. The new section 14B of the principal Competition Act 2002 provides for making commitment agreements between the Irish Competition and undertakings an order of the Irish High Court. This piece, first, investigates the prior Irish practice regarding commitment or settlement agreements and its legal basis. It looks then into the newly introduced rules on court-endorsed commitment agreements. Finally, before concluding, it points to the first instance of their application — to an order issued by the High Court in the FitFlop case in December 2012, which came into effect in February 2013.