The covenant for quiet enjoyment : a potential nuisance to lessors

Under Australian law, a tenant complaining of nuisance caused by another tenant traditionally had no recourse to the lessor unless the lessor actively participated in the nuisance. A recent Queensland Court of Appeal decision, Aussie Traveller Pty Ltd v Marklea Pty Ltd, has found that a lessor who fails to take steps to control a tenant's nuisance may be liable to other tenants for breach of the covenant of quiet enjoyment. This paper considers the recent decision in light of common law developments in Australia, England and the United States, including the American concept of constructive eviction.

Virtual assignments: breach of covenant against parting with or sharing of possession

Comments on the Chancery Division decision in Clarence House Ltd v National Westminster Bank Plc on whether the alienation covenant in a lease of commercial premises had been breached by the tenant effecting a virtual assignment of it, under which all the economic benefits and burdens of the lease were transferred to a third party without there being any actually assignment of the leasehold interest or change in occupancy.

The Ulster Covenant and the Pulse of Protestant Ulster

The signing of the Ulster Covenant on 28 September 1912 by almost 450,000 men and women was a powerful act of defiance on the part of Unionists in the context of what they perceived as the threat to their way of life represented by the Liberal Government's policy of Irish Home Rule. This article attempts to look beyond the well-studied leadership figures of Carson and Craig in order to fashion insights into the way Ulster Protestant society was mobilised around the Covenant and opposition to Home Rule. It draws attention to hitherto over-shadowed personalities who can be said to have exerted crucial local influence. It also contends that although pan-Protestant denominational unity provided the basis for the success of the Covenant, the Presbyterian community was particularly cohesive and purposeful in the campaign. The article further argues that the risk-taking defiance that came more easily to the Presbyterians, on account of a troubled history, largely evaporated in the new political circumstances of Northern Ireland when it became a separate devolved political entity within the UK from 1921.

The ethics of ethical debates in peace and conflict research: Notes towards the development of a research covenant

This article outlines the case for peace and conflict researchers to formulate a research covenant to better shape their ethical obligations and responsibilities. This is an urgent necessity given that ethical debates have in some proponents become emotive and are not conducted in an ethical manner. In coming to this assessment, the article reviews trends in the research ethics literature and draws out some of the generic issues addressed in a review of the personal reflexivity that an assortment of individual peace and conflict researchers have engaged in when recounting their fieldwork experiences. These generic issues are reformulated in an attempt to codify appropriate ethical practice in peace and conflict research, and they go towards determining the contents of the research covenant. It is suggested that the research covenant is a more ethical way to debate the ethics of peace and conflict research.

The hand of God is over their hands (Q. 48:10) : on the notion of covenant in al-Ṭabarī’s account of Karbalāʾ

This article is an analysis of the story of the killing of Ḥusayn b. ʿAlī at Karbalāʾ in 61/680, as it is presented by Abū Jaʿfar Muḥammad b. Jarīr al-Ṭabarī (d. 310/923). The main argument is that the notion of the divine covenant, which permeates the Qur’an, constitutes a framework through which al-Ṭabarī views this event. The Qur’anic idea of the covenant is read in structural/thematic continuity with the Hebrew Bible account of the covenant between Yahweh and the Hebrew people, which has, in turn, been traced back in its basic form to Late Bronze Era treaties between rulers and their vassals.   The present study focusses on four speeches ascribed to Ḥusayn during the encounter he and his group had with the vanguard of the Kūfan army led by al-Ḥurr. These are analysed in accordance with their use of Qur’anic covenant vocabulary. They are also categorised within the broader framework of the eight standard characteristics of Ancient West Asian and Biblical covenants, as presented by George Mendenhall and Gary Herion, which have recently been developed in a Qur’anic context by Rosalind Ward Gwynne. This article argues that al-Ṭabarī’s Karbalāʾ narrative presents the pact of loyalty to Ḥusayn as a clear extension of the divine covenant.

Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966

Preventive detention enables a person to be deprived of liberty, by executive determination, for the purposes of safeguarding national security or public order without that person being charged or brought to trial. This paper examines Article 9(1) of the International Covenant on Civil and Political Rights, 1966 to assess whether preventive detention is prohibited by the phrase 'arbitrary arrest and detention '. To analyse this Article, this paper uses a textual and structural analysis of the Article, as well as reference to the travaux preparatoires and case law of the Human Rights Committee. This paper argues that preventive detention is not explicitly prohibited by Article 9(1) ofthe International Covenant on Civil and Political Rights 1966. If preventive detention is 'arbitrary', within the wide interpretation of that term as argued in this paper, it will be a permissible deprivation of personal liberty under Article 9(1) of the International Covenant on Civil and Political Rights, 1966. Preventive detention will, however, always be considered 'arbitrary' if sajeguards for those arrested and detained are not complied with, in particular the right to judicial review of the lawfulness of detention.

You Shall Have No Other Gods Before Me: Covenant in Faith and History

In this paper I have attempted to explore "covenant" in faith and history, as it extends throughout the entire framework of the Bible and the entire history of the people who produced it. With such a monstrous topic, a comprehensive analysis of the material could take a lifetime to do it justice. Therefore, I have taken a very specific approach to the material in order to investigate the evolution of covenant from the Hebrew Bible (Old Testament) to the Christian Scriptures (New Testament). I have made every effort to approach this thesis as a text-based, non-doctrinal discussion. However, having my own religious convictions, it has, at times, been difficult to recognize and escape my biases. Nevertheless, I am confident that this final product is, for the most part, objective and free from dogmatism. Of course, I have brought my own perspective and understanding to the material, which may be different from the reader's, so there may be matters of interpretation on which we differ, but c 'est fa vie in the world of religious dialogue. The structure of this paper is symmetrical: Part I examines the traditions of the Torah and the Prophets; Part II, the Gospels and Paul's letters. I have balanced the Old Testament against the New Testament (the Torah against the Gospels; the Prophets against Paul) in order to give approximately equal weight to the two traditions, and establish a sense of parallelism in the structure of my overall work. A word should also be said about three matters of style. First, instead of the customary Christian designation of time as B.C. or A.D., I have opted to use the more modem B.C.E. (Before the Common Era) and C.E. (Common Era) notations. This more recent system is less traditional; however, more acceptable in academic and, certainly, more appropriate for a non-doctrinal discussion. Second, in the body of this paper I have chosen to highlight several texts using a variety of colors. This highlighting serves (1) to call the reader's attention to specific passages, and (2) to compare the language and imagery of similar texts. All highlighting has been added to the texts at my own discretion. Finally, the divine name, traditionally vocalized as "Yahweh," is a verbal form of the Hebrew "to be," and means, approximately, "I am who I am." This name was considered too holy to pronounce by the ancient Israelites, and, the word adonai ("My LORD") was used in its stead. In respect of this tradition, I have left the divine name in its original Hebrew form. Accordingly, should be read as "the LORD" throughout this paper. All Hebrew and Greek translations, where they occur, are my own. The Greek translations are based on the New Revised Standard Version (NRSV) of the Bible.

Fiscal Panorama of Latin America and the Caribbean 2013: tax reform and renewal of the fiscal covenant

Includes bibliography

The fiscal covenant in Guatemala: lessons learned from the negotiations

Includes bibliography