International Journal of Public Law and Policy

Kate, Ethan

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.052955

Miller-Jenkins v. Miller-Jenkins illustrates the dilemma facing courts in contentious custody disputes: when should the best interests of one child cede to society’s interests? Undoubtedly aware of this dilemma, the Miller-Jenkins court cloaked its public policy concerns under the guise of the child’s long-term interests. By analysing Miller-Jenkins as it relates to the USA and foreign cases, this article contextualises the situation, showing how courts can attempt to resolve this dilemma. Specifically, a Canadian case demonstrates how a court can assess the child’s psychological needs before reaching a decision supported by public policy considerations. Such considerations can improve courts’ decision-making capabilities.

Aquilina, Kevin

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.052956

The paper discusses whether the Maltese broadcasting regulator – the Broadcasting Authority – enjoys elements of independence in its functioning. It argues that although in certain decisions its does enjoy independence from government and Parliament, there are and have been situations where its independence has been curtailed. It is further argued that the independence of the broadcasting regulator’s decision making process is guaranteed but there are situations where the regulator depends on the two organs of the state mentioned above in order to be able to carry out its regulatory functions. If the necessary assistance is not forthcoming, then the Broadcasting Authority cannot perform its constitutional and legal functions. This element of dependence curtails the independent working of the broadcasting regulator. Hence the paper proposes a hierarchy of the degree of regulatory independence and concludes that the Broadcasting Authority unfortunately does not satisfy the criterion of total independence from government and Parliament.

Hoffman, István ; Veres, Enikő

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.052957

One of the fundamental organisational questions of modern self-government systems is how the collegial bodies should participate in the affairs of the local communities. In this study we would like to give a summary of some European and Northern American self-government systems to lay down the importance of the collegial bodies in the strategic, regulatory and monitoring functions of the self-governments, moreover on the everyday exercise of responsibilities and powers. Based on the main regulatory elements of the different systems three main models can be distinguished: strong, balanced and weak council models. We also examine the subtypes and characteristics thereof.

Mushkat, Roda

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.052958

The study of rule conformity in the global arena continues to expand in new directions and assume an increasingly rigorous form. Recently, the focus has shifted to the domestic side of the picture as scholars of international law have belatedly discovered that developments on the home front impinge materially on State behaviour and that the legal domain is no exception to the norm. Considerable progress has been achieved in seeking to grasp the nature of this intricate relationship, and understand the flow of influences from the international to the domestic level, but the learning potential is by no means exhausted. The experience of the world’s most populous nation, blessed with a booming economy and significant military capabilities, suggests that time is ripe for venturing beyond generalisations based on a tight set of assumptions and limited socio-political exposure.

Anyanova, Ekaterina

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.052959

This article considers the legal aspects of the territorial dispute around the Aegean Sea according to the rules of the international law including the United Nations Convention on the Law of the Sea. The article also addresses the issue of what would be the probable decision of the international arbitration body and what factors the court would take into account in reaching the decision.