Suchergebnisse

This article examines the need to reform the UK law of joint enterprise, the scope of which has been expanded over recent years through judicial case law. It describes how joint enterprise has become a specific weapon used by the police and the courts to target both political protest and 'gang' violence, in particular in black and working-class communities. The main evidence and recommendations of the House of Commons Justice Committee inquiry into joint enterprise held in 2011 are summarised, with specific reference to how the complexity and inconsistency in application of the law, its use as a dragnet against gangs through police and prosecutorial over-charging, and convictions based on 'foresight' rather than criminal intent, can all lead to miscarriages of justice. The particular problems associated with the use of joint enterprise in relation to murder are described. The article concludes by examining the response of the UK authorities to the Justice Committee report, with specific reference to new draft prosecutorial guidance issued by the Director of Public Prosecutions, which fails to clarify the law and in fact confirms the need for new legislation in this area.

The corner-stone of Malaysia's rural development strategy consists of schemes designed to move the rural population from the traditional subsistence farming and smallholder sector to the modern plantation sector. Focussing on the agricultural projects which are being undertaken through joint ventures between public and private enterprises, this paper discusses the strategy itself and what it hopes to achieve and assesses the performance of these enterprises

In this paper we take a close look at those strategic incentives arising in a situation where firms share the costs and profits in a multi-firm project, and bargain for their respective (precommitted) split of cost- and profit-shares. We establish that, when each firm's effort contribution to the joint undertaking is mutually observable (which is often the case in closely collaborative operations) and hence can form basis of the contingent cost- and profit-sharing scheme, it is not the gross economic e¢ciency but the super-/sub-additivity of the nett returns from effort that directly affects the sustainability of a profile of firms' effort contributions. The (in)eficiency result we obtain in this paper is of different nature from so-called "free riding" or "team competition" problems : the set of sustainable outcomes with bargaining over precommetted cost- and pro…t-shares is generally neither a superset nor a subset of the sustainable set without bargaining.