The University of the West Indies Press
Journal of Law, Governance and Society Volume 5 and 6
Dr. Shazeeda Ali
Journal of Law, Governance and Society Volume 5 and 6
US$ 50.00
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THE ARTICLES IN THIS DOUBLE ISSUE HAVE BEENdeveloped by the authors from papers they presented at the MonaLaw 5th and 6th annual symposium on Law, Governance and Society, respectively. The former symposium was held under the theme “The Triple ‘R’ Strategy: Rights, Remedies and Reputation”. Meanwhile, the theme of the 6th symposium was “Law and Justice in a ‘Novel’ Era”, a candid reference to the novel coronavirus which had overtaken the world and impacted every aspect of life, including law enforcement and the administration of justice.

One common thread running through the two symposia is the protective role that is, or ought to be, played by the law. Whether it is the protection of children, the environment, the disabled, the financial industry, the public sector or even the reputation of individuals, there is a significant onus on the law to not only establish rights but to provide concomitant remedies.

In this regard, if justice is the embodiment of such legal protection, there remain many challenges for its pursuit and attainment. For instance, in some jurisdictions, the slow pace at which lawmakers convert policy into legislation results in severe lacunae in areas requiring urgent statutory intervention.

In other jurisdictions, whilst there is no shortage of enacted legislation, there exist deficiencies in the mechanism required for the effective implementation and enforcement of such laws. This may stem from delays with the necessary supporting regulations or may even extend to the abject failure to construct essential infrastructure. In such cases, the inability to assemble and equip the requisite framework with the necessary personnel and technology may be due to a lack of resources on the part of the state. In other instances, such inefficiency may be attributed to plain lethargy, or even apathy, on the part of those charged with translating good intentions to enforceable rights and responsibilities.

Apart from issues relating to the legislative process and the enforcement apparatus, the intended protective role of the law may be diminished by defects in the administration of justice. Delays in trials, due to a backlog of cases, the reticence of witnesses to come to court, or myriad other clogs in the system, may deter many aggrieved persons from seeking justice through the courts.

The Statue of Liberty implores the world to give her “your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore . . . the homeless, tempest-tossed”. Likewise, the courts should be a place of refuge for anyone whose rights have been transgressed.

However, access to justice is another major cause for concern. Mark Twain once quipped that “the law is a system that protects everybody who can afford to hire a good lawyer.” Indeed, the high cost of litigation and the restrictive scope of legal aid represent an oft insurmountable barrier for some impecunious persons. Avenues to obtain relief via alternative modes of dispute resolution and principles
of restorative justice represent viable opportunities for extending the ambit of legal protection and ought to be further developed.

As we move forward, we need to constantly re-think the evolution of laws within the context of all who are in need of its shelter. From inception to implementation, all the way through to interpretation, the legal process should be efficient, comprehensive and accessible.

Perhaps, with greater effort, in our own society and not just in an ideal world, the law would become “a system that protects everybody”.

Front Matter
Copyright Page
Editorial Board
Table of Contents
Volume 5
Nothing About Us Without Us: A Critical Perspective on The Jamaican Disabilities Act 2014 / by Sandra Latibeaudiere
Views of Disability
Scope and Experience of PWDs in Jamaica
The Disabilities Act and Re-thinking disability: from needs to rights
The Challenges Facing the Judiciary in a ‘Novel’ Era / by Adrian Saunders
A Perspective from the Courts
Ensuring the Health and Safety of Judges, Staff and Court Customers
Preserving Fundamental Rights
Ensuring Continued Access to Justice
The Judiciary and Post-Pandemic Law and Governance Imperatives
Deeper and more Meaningful Collaboration on Policy Development and Implementation
Modernization of the Judiciary
Strengthening the Rule of Law
Data Subject Access Rights and the Right to Information / by Gilbert Kodilinye
Data Subject Access Rights
Disclosure of Personal Information
Cases of ‘Mixed Data’
SARs Where the Data Controller is an Attorney or Law Firm
Data Retention and Storage Limitation
Mergers and Acquisitions / by Ramzan Hosein
An Overview of Mergers and Acquisitions
Mergers and Acquisitions in Trinidad and Tobago
BACKGROUND – First Citizen Bank Trinidad and Tobago
Initial Purchase Offer 2013 (IPO)
What is Insider Trading?
Is Mr. Rahaman Liable for Insider Trading under the Securities Act of 2012?66
Securities Act 2012 Sections 100–102 – Insider trading68
Fiduciary Duty
Common Law Breach of Fiduciary Duty
Section 150 – Securities Act 2012
Public Sector Governance / by Donna Parchment Brown
Volume 6
Jamaican Environmental Jurisprudence: Heading in the Right Direction? / by Philip Cross
Future Generations v Ministry of the Environment
First Generation Justice
Second Generation Justice
Classical Limitations
Third Generation Justice
Novel Interpretations
Jamaica’s Child Diversion Programme – Satisfying its International Obligation / by Sahai Whittingham-Maxwell
International Obligations
Putting in Place the Appropriate Framework
Prior to the Child Diversion Programme
The Child Diversion Programme
Child Diversion Programme Operationalized
Many Benefits, Insufficient Takers: The Case of the Hague Convention on the Civil Aspects of International Child Abduction / by Rose Cameron
Important Benefits of ‘The Convention’
Ease of Access in Making the Application
No Police or Court Action Required to Commence the Return Request
Prompt Return of the Child
Free Application Process
Exceptions to the Requirement to Return the Child
Only Contracting Parties Are Eligible
Limitations on Benefits
Principles and Rules for Financial Regulation / by Oonagh McDonald
Principles-Based Regulation
The Financial Crisis of 2008 and 2009 and its Aftermath
Rules-Based Regulation
Principles and Rules
Bringing Rules and Principles Together
International Expert in Financial Regulation
Responsible Banking in a Post-Pandemic World / by Dennis Driscoll
The Chaos of the Pandemic
Democracy under Lockdown: The Impact of COVID-19
Labour Rights
Responsible Banking in a Post-Pandemic World
Banks Have Been Receiving Credit for Their Response to the Pandemic
But, at the same time, the behaviour of capitalist enterprises is fundamentally being called into question
There is a Growing Public Demand for Responsible Business Behaviour
Responsible Business Promises Before the Pandemic
The Business Roundtable’s Reconsideration of Corporate Purpose
The Financial Crisis
Responsible Banking: The Principles for Responsible Banking
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