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Georgijević, Goran. "Mauritian Tort Law". Anali Pravnog fakulteta u Beogradu, n.º 4 (18 de dezembro de 2020): 184–203. http://dx.doi.org/10.51204/anali_pfub_20409a.
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According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.
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Botha, Carli, Roshelle Ramfol e Odette Swart. "Article: The Impact of Multilateral and Unilateral Measures on Profit-Shifting from South Africa to Mauritius". Intertax 51, Issue 3 (1 de março de 2023): 232–49. http://dx.doi.org/10.54648/taxi2023005.
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The Mauritian global business sector’s favourable tax regime, combined with its extensive treaty network, has made it an attractive investment hub for investments into Africa. Aggressive tax planning strategies targeted at shifting profits to lower tax jurisdictions such as Mauritius, have eroded many higher tax jurisdictions’ tax bases. An exodus of (taxable) funds from South Africa to Mauritius is evident from South Africa’s listing as one of the top five contributors to Mauritius’s foreign direct investments (FDIs). While the base erosion and profit-shifting (BEPS) action plan is aimed at curbing profit-shifting practices, limited research is available on the successful implementation of the BEPS action plan. This article conducts a review of the implementation of the BEPS action plan by both jurisdictions, namely Mauritius (as a low tax jurisdiction) and South Africa (as a high tax jurisdiction). The success of the BEPS action plan in curbing profit-shifting practices from South Africa to Mauritius is measured in conjunction with the South African anti-avoidance legislation. The findings highlight that only Action 5 has been successfully adopted by both South Africa and Mauritius. A preliminary analysis was conducted which indicates that the implementation of the BEPS action plan will not result in less profit-shifting, due to gaps in the South African anti-avoidance legislation that facilitates these profit-shifting practices. It is suggested that the implementation of the BEPS action plan by higher tax jurisdictions should be prioritized. This article contributes to scholarship on evaluating the effectiveness of the BEPS action plan minimum standards for African countries. Action 5, aggressive tax planning strategies, base erosion and profit-shifting, base erosion and profit-shifting action plan, global business companies, foreign direct investments, Mauritius global business sector, minimum standards, offshore trust, profit-shifting, South African anti-avoidance legislation, tax avoidance, tax planning vehicles.
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Chuttoo, Usha Devi. "Effect of Economic Growth on Unemployment and Validity of Okun’s Law in Mauritius". Global Journal of Emerging Market Economies 12, n.º 2 (23 de janeiro de 2020): 231–50. http://dx.doi.org/10.1177/0974910119886934.
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This study examines the relationship between unemployment and economic growth in Mauritius. The methodology adopted for this study is the autoregressive distributed lag (ARDL) bounds cointegration test, ARDL error-correction model (ARDL-ECM) using the ordinary least square (OLS) approach and Okun’s law-gap version. ARDL-ECM estimates the long-run and short-run relationship between economic growth and unemployment. The validity of Okun’s law is tested in the Mauritian context and Okun’s coefficient is thereby estimated. The results obtained from the tests show that both in the long run and short run, there is a negative cointegration between economic growth and unemployment, but it is not statistically significant. Whereas, the result of Okun’s law-gap version shows that Okun’s law is indeed valid in the small economy of Mauritius. From the Okun’s coefficient obtained, it is concluded that 4 percent change in gross domestic product (GDP) growth rate changes unemployment rate by 1 percent in the opposite direction in Mauritius.
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Bridge, John W. "Judicial Review in Mauritius and the Continuing Influence of English Law". International and Comparative Law Quarterly 46, n.º 4 (outubro de 1997): 787–811. http://dx.doi.org/10.1017/s0020589300061212.
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The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history, as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968, its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms, Mauritian private law is based on the French Code Civil while public law and commercial law are based on English law: an example of what has recently been labelled a “bi-systemic legal system”. The Constitution, a version of the Westminster export model, was originally monarchical. It was amended in 1991 and Mauritius became a republic within the Commonwealth in 1992.
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Mahadew, Roopanand. "The implementation of the SADC code on HIV/AIDS and employment in Mauritius: successes and prospects". International Journal of Law and Management 62, n.º 4 (15 de maio de 2020): 355–64. http://dx.doi.org/10.1108/ijlma-02-2018-0030.
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Purpose The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace. Design/methodology/approach The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed. Findings The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination. Practical implications This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius. Originality/value There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.
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Mujuzi, Jamil Ddamulira. "The Evolution of the Meaning(s) of Penal Servitude for Life (Life Imprisonment) in Mauritius: The Human Rights and Jurisprudential Challenges Confronted So Far and Those Ahead". Journal of African Law 53, n.º 2 (18 de setembro de 2009): 222–48. http://dx.doi.org/10.1017/s0021855309990040.
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AbstractThis article analyses the history of the various meanings and interpretations of the sentence of penal servitude for life in Mauritius, the human rights implications, and the likely challenges that courts will confront in interpreting new legislation. The Privy Council held in 2008 that a mandatory sentence of penal servitude for life was arbitrary and disproportionate because it violated the right to a fair trial under the constitution. However, the article argues that the Privy Council should also have found that penal servitude for life, where the offender is to be detained for the rest of his life, violates the prisoner's right not to be subjected to inhuman punishment under the constitution, as well as violating Mauritius's international human rights obligations. It recommends that Mauritian courts consult South African jurisprudence when interpreting what amount to substantial and compelling circumstances under the 2007 Criminal Procedure (Amendment) Act.
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Surnam, Baboo Y. R. "Three years outdoor exposure of low carbon steel in Mauritius". Anti-Corrosion Methods and Materials 62, n.º 4 (1 de junho de 2015): 246–52. http://dx.doi.org/10.1108/acmm-12-2013-1328.
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Purpose – This paper aims to investigate the corrosion behaviour of carbon steel in the Mauritian atmosphere over a three-year period. Atmospheric corrosion is a serious problem in Mauritius. Design/methodology/approach – Carbon steel samples were exposed outdoors at various sites. Mass loss analysis was performed to determine the corrosion behaviour of the metal over the exposure period. Scanning electron microscopy and Raman tests were performed to investigate the formation of the corrosion products on the carbon steel surface. Findings – It was found that the corrosion loss at two of the sites considered did not vary clearly according to the bilogarithmic law. Time of wetness was found to be a main factor affecting atmospheric corrosion in Mauritius. The corrosivity of the atmosphere was found to lie between categories C3 and C4, according to ISO 9223. Originality/value – The results can be of essential help to the construction industry, especially as steel buildings are becoming very common in Mauritius. Moreover, as Mauritius is a tropical island, the results obtained can be useful in other tropical islands.
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Uppiah, Valerie. "A critical examination of the regulation of Ponzi scheme in Mauritius". International Journal of Law and Management 60, n.º 6 (12 de novembro de 2018): 1393–400. http://dx.doi.org/10.1108/ijlma-08-2017-0201.
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Purpose The purpose of this paper is to analyse the regulation of the financial crime of Ponzi scheme in Mauritius. Contrary to money laundering which has a legal framework to combat it, for Ponzi scheme, there is no specific legal mechanism to combat this particular financial crime. Therefore, the aim of the paper is to provide for an analysis of Ponzi scheme which includes, inter alia, the definition of a Ponzi scheme, its modus operandi and how it should be tackled. Focus will be placed on devising a specific legal framework for it in Mauritius. Design/methodology/approach The research method used to conduct this research and write this paper is a black letter legal research method. An analysis of several laws and cases is carried out so as to provide for the legal background of the research. Findings The investigation conducted in this paper will lead to the conclusion that Mauritius has to devise a law which will specifically combat Ponzi schemes. This law shall provide for the ways to counter this financial crime as well as the duties of the various financial supervisory bodies. Originality/value The paper provides for an analysis of the operation of Ponzi scheme in the Mauritian context. The paper also examines the existing legal framework that combats this financial crime in Mauritius and highlights its strengths and weaknesses.
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Gaver, Craig D. "Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives)". American Journal of International Law 115, n.º 3 (julho de 2021): 519–26. http://dx.doi.org/10.1017/ajil.2021.24.
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On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) dismissed all of the respondent's preliminary objections in Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). The proceeding arose out of Mauritius's long-running effort to regain sovereignty over the Chagos Archipelago, which was originally “detached” from Mauritius in 1965 by the United Kingdom (UK). Although the Judgment will allow the case to proceed to the merits, it is significant in its own right for its engagement with several earlier legal decisions, including the arbitral award in Chagos Marine Protected Area Arbitration and the International Court of Justice's (ICJ) Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, as well as UN General Assembly Resolution 73/295 affirming the Advisory Opinion. The Special Chamber stitched together a series of legal documents that, considered individually, were either non-binding or limited in scope to achieve a determination greater than the sum of its parts—one that effectively resolved the disputed sovereignty over the Chagos Archipelago.
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Louise, Gerard, Kumar Dookhitram, Michael Blakeney e Patrick Allen. "The Cultural Aspect of the Mauritian Copyright Law: A Tool for Promoting Cultural Diversity?" Shanlax International Journal of Arts, Science and Humanities 12, n.º 1 (1 de julho de 2024): 16–22. http://dx.doi.org/10.34293/sijash.v12i1.7706.
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Scholarly interest in the connection between cultural diversity and copyright law has grown. This article looks at the cultural implications of copyright laws in Mauritius and considers how they may be used to support cultural diversity. Mauritius has made great strides in its social and economic development, but little is known about the cultural implications of its copyright laws. By offering a thorough examination of the cultural provisions of Mauritius copyright law and evaluating its effects on the preservation and advancement of cultural variety in Mauritius, this paper seeks to address this gap. The results show that Mauritius’ copyright system needs to be more adaptable, transparent, easy to update, and sufficiently flexible to adjust to the evolving needs of its authors, users, and cultural environment.
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Mahadew, Roopanand, e Arzeena Bhowarkan. "Dissenting Opinions of Judges of the unclos Tribunal in the Chagos Case". Afrika Focus 34, n.º 1 (9 de junho de 2021): 28–49. http://dx.doi.org/10.1163/2031356x-34010004.
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Abstract Mauritius won its first victory when the “tribunal constituted under Annex vii of the United Nations Convention on the Law of the Sea” delivered its award “in the matter of the Chagos Marine Protected Area (mpa) Arbitration, between the Republic of Mauritius and the United Kingdom”. The award declared that the mpa established around Chagos by the United Kingdom was against international law. However, the decision desired by both Mauritius and the Chagossians is found in the dissenting opinion, which is, as a matter of law, non-binding. The dissenting opinion is to the effect that the tribunal had jurisdiction to consider the issue of sovereignty over Chagos and that if such issue was considered, Mauritius had a strong case for winning back sovereignty over Chagos. This article aims to make the dissenting opinions more widely known and reflect on the legal value of such opinions, alongside their high political and moral value and relevance to Mauritius and the Chagossians.
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Meetarbhan, M. J. N. "Extra-Constitutional Parliamentary Private Secretaries in Mauritius". Journal of African Law 35, n.º 1-2 (1991): 194–97. http://dx.doi.org/10.1017/s0021855300008433.
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In a recent analysis of the constitutional position of Parliamentary Private Secretaries (P.P.S.s) in the United Kingdom Professor Norton concludes that they “occupy an important twilight zone between ministers and backbenchers. Though remaining among the latter, they assume certain characteristics of the former.” Mauritius, which like many Commonwealth countries has a constitutional regime largely inspired by the British model, has recently created an innovative role for P.P.S.s who operate at sub-ministerial level but are not unpaid helpers to ministers as in the U.K. It is the intention of this article to critically examine this role.The Mauritian Constitution originally provided for a Cabinet consisting of the Prime Minister and up to 14 ministers who were all members of the Legislative Assembly, except for the Attorney-General. Under section 66 of the Constitution, the Governor General acting in accordance with the advice of the Prime Minister could appoint up to five Parliamentary Secretaries from among members of the Assembly “to assist Ministers in the performance of their duties”. Following the formation of a coalition government in 1969, the Constitution was amended so as to increase the number of Ministers to 20 and that of Parliamentary Secretaries to ten with Mauritius having a unicameral legislative assembly of 62 elected members and up to eight nominated members, the 1969 amendments enabled almost every other elected member to be appointed a Cabinet minister or Parliamentary Secretary.
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Allen, Fidelis. "The UK, US, and Mauritius". Pan-African Conversations 1, n.º 2 (21 de setembro de 2023): 131–38. http://dx.doi.org/10.36615/pac.v1i2.2740.
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I attended a conference on the Chagosian question in Pretoria in October 2022 while serving as a Visiting Fellow at the Institute of Pan-African Thought and Conversation (IPACT) at the University of Johannesburg, South Africa, and I have described some of the discussions that were facilitated by participants in this essay. Representatives of the Chagosian diaspora, the ambassador of Mauritius to South Africa, scientific interpretations in papers presented, and comments by other Chagosians on the realisation of their rights, constitute the foundation of this report. Diaspora Chagosians are torn between Mauritius’s fight for sovereignty rights and the interests of the United Kingdom (UK) and the United States (US) on the island. They yearn to return to their ancestral land, and regain their identity and attain self-determination. Second, Mauritius fights for justice is understood to mean regaining control of Chagos. The activities and standpoints of the UK and the US, which have allied military interests, were critically examined by academicians and Chagosians. The International Court of Justice’s (ICJ) order requesting that the UK return Chagos Island to Mauritius has caused a conflict of interest between Mauritius, the UK, and the US. For the Chagosians, who view self-identity and self-determination as issues of rights under international law that should not be denied, the disregard of the ICJ’s judgment by the global powers would continue to signify statelessness to the majority of the Chagosians.
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Richardson, Ivor LM. "Anthony Angelo and Law Reform in Mauritius". Victoria University of Wellington Law Review 39, n.º 4 (1 de dezembro de 2008): 547. http://dx.doi.org/10.26686/vuwlr.v39i4.5477.
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The author, former Professor and Dean of Law at Victoria University of Wellington and President of the Court of Appeal, discusses his experience working a law reform project in Mauritius with Professor Tony Angelo. As the author has experience in income tax reform, the article focuses on Professor Angelo's legislative drafting and policy development in relation to income tax law. Professor Angelo is described as a "one man Law Reform Commission" regarding his role in Mauritius, and discusses the importance of rules relating to technical interpretation and accessibility.
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Lim Tung, Odile Juliette. "The Adequacy of the Mauritian Biosafety Framework". Journal of African Law 58, n.º 1 (2 de janeiro de 2014): 109–28. http://dx.doi.org/10.1017/s002185531300017x.
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AbstractThis article analyses the Mauritian regulatory framework on genetically modified organisms (GMOs) and highlights its shortcomings, with the aim of improving the regulation of the approval and monitoring of the use of GMOs in Mauritius. It examines key issues regarding the application for a GMO permit, risk assessment requirements, identification and labelling obligations, post-market monitoring, and liability and redress in the case of damages. There is a need for greater public participation in decision-making on the approval of GMO permits and the monitoring stage procedure, specific civil liability provisions for damage as well as regulation of the coexistence of genetically modified (GM) and non-GM crops in the Mauritian biosafety framework. Pending the proclamation of the entire Mauritian GMO Act 2004, relevant transitional provisions should also be provided. Beyond legal provisions on biosafety, a national policy on GM products and GMO-related activities should be elaborated.
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Issur, Kumari. "Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean". Cultural Dynamics 32, n.º 1-2 (25 de janeiro de 2020): 117–31. http://dx.doi.org/10.1177/0921374019900703.
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In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.
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KATTAN, Victor. "The Chagos Advisory Opinion and the Law of Self-Determination". Asian Journal of International Law 10, n.º 1 (4 de novembro de 2019): 12–22. http://dx.doi.org/10.1017/s2044251319000195.
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AbstractThe Advisory Opinion of the International Court of Justice [ICJ] on the Separation of the Chagos Archipelago from Mauritius in 1965 has been hailed as a major victory by the government of Mauritius and by representatives of the Chagossians who were forcibly removed from the islands to make way for the establishment of an American military facility on the island of Diego Garcia at the height of the Cold War. The opinion was categorical: the process of decolonization of Mauritius was not lawfully completed when that country acceded to independence in 1968. The UK lost on every single argument it made before the Court and is under an obligation to bring its administration of the Chagos Archipelago to an end “as rapidly as possible”. This comment focuses on what the ICJ said about self-determination, and whether the Advisory Opinion could have consequences for future cases at the Court.
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Croucher, Richard, Alexander Madsen Sandvik, Paul Gooderham e Didier Michel. "The organisational adoption of soft law encouraging joint consultative committees in Mauritius". Evidence-based HRM: a Global Forum for Empirical Scholarship 8, n.º 3 (30 de junho de 2020): 295–314. http://dx.doi.org/10.1108/ebhrm-12-2019-0113.
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PurposeJoint consultative committees (JCCs) involving employee representatives exist to stimulate positive employee relations and unlock employee involvement to build organisational performance. They are rare in Africa. Mauritius is a successful, beacon economy for Africa. We therefore investigate which categories of an organisation implemented the 2008 Mauritian government Code of Practice on JCCs, to discover how effective this “soft law” for of institutional change had been three years after its inception, when post-Code JCCs were formed.Design/methodology/approachWe test propositions derived from institutional theory broadly conceived, through analysis of data from 120 organizations in Mauritius responding to a comprehensive HR survey covering a wide range of organisational level policies and practices conducted during the JCC formation period 2011–2012.FindingsBy 2012, nearly 30% of our sample had JCCs. Three quite distinct categories of an organisation created them, as follows: those with substantial union influence, those where strategic HRM was practiced and recently formed organisations. Remarkably, no interaction effects existed between the three categories.Originality/valueSeveral contributions are made to shed light on a previously unstudied institution. First, we empirically establish that over a limited period in response to institutional change in the form of the code of practice, JCCs increased from 10% of organizations to almost 30%. Our second central contribution is to show three principal, quite separate organisational antecedents of JCCs, which do not interact statistically.
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Mujuzi, Jamil Ddamulira. "Private Prosecutions in Mauritius: Clarifying Locus Standi and Making the Director of Public Prosecutions more Accountable". African Journal of Legal Studies 10, n.º 1 (18 de agosto de 2017): 1–34. http://dx.doi.org/10.1163/17087384-12340016.
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Case law shows that private prosecutions have been part of Mauritian law at least since 1873. In Mauritius there are two types of private prosecutions: private prosecutions by individuals; and private prosecutions by statutory bodies. Neither the Mauritian constitution nor legislation provides for the right to institute a private prosecution. Because of the fact that Mauritian legislation is not detailed on the issue of locus standi to institute private prosecutions and does not address the issue of whether or not the Director of Public Prosecutions has to give reasons when he takes over and discontinues a private prosecution, the Supreme Court has had to address these issues. The Mauritian Supreme Court has held, inter alia, that a private prosecution may only be instituted by an aggrieved party (even in lower courts where this is not a statutory requirement) and that the Director of Public Prosecutions may take over and discontinue a private prosecution without giving reasons for his decision. However, the Supreme Court does not define “an aggrieved party.” In this article the author takes issue with the Court’s findings in these cases and, relying on legislation from other African countries, recommends how the law could be amended to strengthen the private prosecutor’s position.
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Raumnauth, Darsheenee, e Roopanand Mahadew. "Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law". Afrika Focus 29, n.º 2 (26 de fevereiro de 2016): 39–57. http://dx.doi.org/10.1163/2031356x-02902004.
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This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations . This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is first presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made.
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McKenzie, Peter. "A shared commercial legal heritage - reflections on commercial law reform in former British Colonies and Dependencies". Victoria University of Wellington Law Review 39, n.º 4 (1 de dezembro de 2008): 553. http://dx.doi.org/10.26686/vuwlr.v39i4.5478.
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This article reflects on Professor Tony Angelo's contributions to the laws of various British colonies, particularly Mauritius. The author illustrates different types of jurisdiction by reference to individual countries. First, the author discusses colonies with a received legal heritage – Mauritius, who has influences from its French colonial administration and English law, and Botswana who has hints of English commercial statutes. Secondly, the author discusses colonies with an underlying common law system – Uganda, Sierra Leone, and Samoa. None of these nations were settled colonies, but colonial administrators took with them a common law structure for contracts, and civil and commercial obligations, while retaining customary law and practices in relation to land. Finally, the Maldives is discussed as a "special case". The author then discusses his reflections on the colonial legal legacy, including the impact of the English language, the shared nature of the colonies' legal systems (including a common accounting and business framework), and the "colonial legal patchwork". The author hopes that the impetus given by Professor Angelo to law reform in Mauritius, as well as other nations, will continue.
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Bergman, Neale H. "United Nations Convention on Transparency in Treaty-based Investor-State Arbitration". International Legal Materials 54, n.º 4 (agosto de 2015): 747–57. http://dx.doi.org/10.5305/intelegamate.54.4.0747.
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On December 10, 2014, the United Nations General Assembly adopted the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency, which was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The Mauritius Convention is intended to provide states with an efficient mechanism for applying the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) in investor-state arbitrations arising under investment treaties concluded before the Transparency Rules’ effective date of April 1, 2014. The Mauritius Convention was opened for signature on March 17, 2015, in Port Louis, Mauritius.
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Papanicolopulu, Irini. "Mauritius/United Kingdom". International Journal of Marine and Coastal Law 26, n.º 4 (2011): 667–78. http://dx.doi.org/10.1163/157180811x602271.
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Turenne, Sophie. "FREE SPEECH AND SCANDALISING THE COURT IN MAURITIUS". Cambridge Law Journal 74, n.º 1 (março de 2015): 7–10. http://dx.doi.org/10.1017/s0008197315000124.
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AT the behest of the Law Commission, Contempt of Court: Scandalising the Court (18 December 2012), Parliament recently abolished the common law offence of scandalising the court (s. 33 of the Crime and Courts Act 2013). But the offence is still frequently found in many parts of the common law world and the decision of the Judicial Committee of the Privy Council in Dhooharika v DPP of Mauritius [2014] UKPC 11; [2014] 3 W.L.R. 1081 may indicate its future in common law jurisdictions. The Privy Council was asked to decide, inter alia, whether the common law offence was compatible with s. 12 of the Constitution of Mauritius. Section 12 protects a person's freedom of expression but also makes saving for any law, or any act done pursuant to law, which aims to maintain the authority and independence of the courts and which is reasonably justifiable to that end.
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Wyk, Sanita van. "Climate Change Law and Policy in South Africa and Mauritius: Adaptation and Mitigation Strategies in Terms of the Paris Agreement". African Journal of International and Comparative Law 30, n.º 1 (fevereiro de 2022): 1–24. http://dx.doi.org/10.3366/ajicl.2022.0391.
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This contribution considers the climate change law and policy positions in South Africa and Mauritius, and examnies the national strategies employed by these two African jurisdictions in adaptation to climate change and mitigation of climate change in terms of the Paris Agreement and with reference to the principle of common but differentiated responsibility. In addition, the nationally determined contributions of both countries, with regard to adaptation and mitigation, are considered and the related legislative and policy developments in South Africa and Mauritius are also discussed.
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Mujuzi, Jamil Ddamulira. "Mauritian Courts and the Protection of the Rights of Asylum Seekers in the Absence of Dedicated Legislation". International Journal of Refugee Law 31, n.º 2-3 (junho de 2019): 321–42. http://dx.doi.org/10.1093/ijrl/eez036.
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Abstract Mauritius became a party to the 1951 Refugee Convention through succession but is yet to accede to the 1967 Protocol relating to the Status of Refugees. It has signed but not yet ratified the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and has not signed the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa. Unlike many other countries in Africa, Mauritius has not yet enacted domestic legislation dealing with the issue of refugees. However, international human rights obligations and domestic legislation allow the rights of asylum seekers to be protected in Mauritius. This article argues that the principle of non-refoulement bars Mauritius from extraditing or deporting an asylum seeker to a country where he or she will be persecuted or where his or her rights will be violated, and that asylum seekers and citizens are equally protected by the Constitution with regard to absolute rights. However, limitations may be imposed on asylum seekers in their enjoyment of non-absolute rights. For such limitations to be lawful, they must aim to achieve the objectives stipulated in section 3 of the Constitution.
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Novita Elpasari, Jerina. "UNILATERAL CLAIM OVER CHAGOS ARCHIPELAGO AS BRITISH INDIAN OCEAN TERRITORY (BIOT) BY UNITED KINGDOM BASED ON INTERNATIONAL LAW". Padjadjaran Journal of International Law 3, n.º 1 (31 de janeiro de 2019): 49–70. http://dx.doi.org/10.23920/pjil.v3i1.311.
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AbstractIn 1965, United Kingdom (UK) made a unilateral claim over the Chagos Archipelago as British Indian Ocean Territory (BIOT) based on the BIOT Order of 1965 and Statutory Instrument of 1965 No. 1020. Due to this unilateral act, the Chagos Archipelago no longer parts of Mauritius. Problem arising from Britain's unilateral claim to the territory was further aggravated by the United Kingdom’s act in enforcing population transfer towards all Chagos islanders (Chagossians) out of the territory without adequate compensations and resettlement. This research aims to analyze the legality of unilateral claims over the Chagos archipelago as a BIOT and the enforced transfer of Chagossians from their original residential place by the United Kingdom. It argues that under international law, Chagos Archipelago is recognized as an area that should remain integrated within the territory of Mauritius. It further argues that the UK has violated international law by committing enforced population transfer.Keywords: BIOT, Enforced Population Transfer, Territory, The Chagos Archipelago, Unilateral Act.
AbstrakPada tahun 1965, Inggris melakukan klaim sepihak atas wilayah Kepulauan Chagos sebagai British Indian Ocean Territory (BIOT) berdasarkan British Indian Ocean Territory Order of 1965 dan Statutory Instrument of 1965 No. 1020. Kepulauan Chagos merupakan bagian dari Mauritius pada saat Mauritius berada dibawah penjajahan Inggris. Tindakan yang dilakukan oleh Inggris terhadap wilayah tersebut berdampak pada terpisahnya kepulauan Chagos dari Mauritius. Permasalahan yang timbul dari Klaim sepihak Inggris atas wilayah tersebut kemudian turut diperparah dengan tindakan Inggris yang melakukan pemindahan paksa seluruh penduduk kepulauan Chagos (Chagossians) dari wilayah tersebut tanpa kompensasi dan tempat tinggal pengganti yang layak serta memadai. Penelitian ini bertujuan untuk menganalisis legalitas klaim sepihak terhadap kepulauan Chagos sebagai BIOT dan pemindahan Chagossians dari tempat tinggal asalnya secara paksa yang dilakukan oleh Inggris sebagai enforced population transfer. Penelitian ini menunjukkan bahwa wilayah kepulauan Chagos diakui sebagai wilayah yang seharusnya tetap terintegrasi dalam wilayah Mauritius dan penetapan wilayah tersebut sebagai BIOT telah bertentangan dengan prinsip dan ketentuan hukum internasional. Kata Kunci: BIOT, Enforced Population Transfer, Kepulauan Chagos, Tindakan Sepihak, Wilayah
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Mahadew, Roopanand, e Bhavna Luchmun. "Assessing the prudential approach of the Financial Services Commission towards corporate failure in Mauritius". International Journal of Law and Management 60, n.º 2 (12 de março de 2018): 646–61. http://dx.doi.org/10.1108/ijlma-12-2016-0182.
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Purpose This paper aims to provide a comprehensive overview of the sphere of corporate failure in Mauritius. The causes are explained and urge to take preventive measures is justified therein. Recommendations are finally proposed to prevent corporate failure in Mauritius. Design/methodology/approach The methodology used is based on a mixture of the legal research method and case study analysis. This paper analyses every legal instrument such as enactments, binding rules, regulations and guidelines relevant to the Financial Services Commission (FSC) and the insurance sector in Mauritius. Findings The prudential approach by the FSC is on the basis of any attempt for preventing corporate failure in Mauritius. However, there is still room for improvement with amendments that can be brought to various stages, such as the licensing, compliance and regulation stage. Research limitations/implications In terms of research limitation, this is an area that is quite new in Mauritius, implying that literature would mostly be indirect in nature. However, it has a high implication as it positions itself as one of the first pieces of literature on the issue of corporate failure in Mauritius. It can be the beginning of a long and required series of literature much needed in the field. Practical implications The effectiveness of the regulatory power of the FSC is essential for the financial sector’s future of Mauritius. The amendments that are proposed thought this study would help to immediately improve the health of this essential sector. Social implications It posits the business world as an area in which the social impacts are significant. The social implications would be towards researchers, students, practitioners and policymaker. Also, it is a piece of research that would be important for investors who would want to invest in the financial sectors in Mauritius. Originality/value This paper will be highly instrumental to policymakers, regulatory authorities, international investors and local businessmen wishing to enter the financial services sector to have a better idea of how this very important pillar of the economy of Mauritius can be shielded better against failure and how it can be enhanced to promote the economic growth of Mauritius.
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Colson, David A., e Brian J. Vohrer. "In re Chagos Marine Protected Area (Mauritius v. United Kingdom)". American Journal of International Law 109, n.º 4 (outubro de 2015): 845–51. http://dx.doi.org/10.5305/amerjintelaw.109.4.0845.
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On March 18, 2015, an arbitral tribunal (Tribunal) constituted in accordance with Annex VII to the 1982 United Nations Convention on the Law of the Sea (Convention) under the auspices of the Permanent Court of Arbitration handed down its award in a proceeding brought by Mauritius in 2010 challenging the United Kingdom’s establishment of a marine protected area (MPA) around the Chagos Islands in the Indian Ocean, which are claimed by Mauritius. The Tribunal held that it did not have jurisdiction under the Convention to address whether the United Kingdom or Mauritius has the rights of a coastal state regarding the Chagos Islands. Nevertheless, the Tribunal also held that, in creating the MPA by unilateral declaration, the United Kingdom had failed to take into account certain legitimate interests of Mauritius and had thereby breached its obligations under Articles 2(3), 56(2), and 194(4) of the Convention.
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Beebeejaun, Ambareen. "The fight against international transfer pricing abuses: a recommendation for Mauritius". International Journal of Law and Management 61, n.º 1 (11 de fevereiro de 2019): 205–31. http://dx.doi.org/10.1108/ijlma-05-2018-0083.
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Purpose One of the most common forms of international tax avoidance is transfer pricing by multinational enterprises. The research will investigate on the factors that contribute to transfer pricing abuses. At present, there is no substantial and extensive transfer pricing rule in Mauritius. This paper aims to analyse the legal approaches to tackle transfer pricing issues that are undertaken by some countries whose taxation regime is similar to Mauritius. The selected countries are South Africa and UK. The objective behind the comparative study is to come up with the appropriate preventive and corrective measures for Mauritius. Design/methodology/approach The methodology adopted for this research consists of a critical analysis and comparative legal review of the relevant legislation, case law and literature. A minor quantitative analysis of the transfer pricing problem in Mauritius will be conducted, in terms of which interviews will be conducted with officials from different institutions in Mauritius. Findings The study will conclude that the absence of explicit formal rules on transfer pricing allows businesses to use the country to manipulate transfer prices to avoid paying taxes. Therefore, an amendment to Mauritius laws and regulatory framework is required to dissuade multinationals to engage in transfer pricing abuses. The study will conclude that the scope and application of the arm’s length principle needs to be formally set out in legislation and also, the use of Advance Pricing Agreements will also be recommended. Originality/value The research is among the first studies that compare Mauritius legal provisions on transfer pricing with that of South Africa and UK. The research is unique as it intends to provide fruitful recommendation to stakeholders in Mauritius to enhance the existing legal framework on the subject.
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Natarajan, Varun, e Aayush Kumar. "Indo-Mauritius DTAA: The Way Forward". Intertax 41, Issue 12 (1 de dezembro de 2013): 693–700. http://dx.doi.org/10.54648/taxi2013067.
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The Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion between India and Mauritius, which is a three decade old treaty for avoidance of double taxation, has been in the eye of the storm, and efforts are underway to renegotiate the treaty. While the treaty has facilitated in promoting foreign investment into India, it is riddled with a number of issues such as round tripping, information sharing and transfer pricing. The authors examine each of these issues in depth, and explore possible solutions to these problems. Also, the views taken by Courts in India in interpreting the provisions of the treaty is discussed. The authors conclude that though the renegotiation may help plug the existing loopholes, the possibility of reaching a consensus by the two countries on various issues does not seem easy.
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Beebeejaun, Ambareen. "The Anti-Avoidance Provisions of the Mauritius Income Tax Act 1995". International Journal of Law and Management 60, n.º 5 (10 de setembro de 2018): 1223–32. http://dx.doi.org/10.1108/ijlma-07-2017-0174.
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Purpose A taxpayer who gets caught under Part VII of the Mauritius Income Tax Act is subjected to a corrective measure only in the form of payment of the amount of tax that would have been due in the absence of the avoidance arrangement, but the consequences set out in the same section do not result in any disincentive to the taxpayer that would ensure the prevention of the occurrence of such type of anti-avoidance practices in the future. This study aims to investigate the effectiveness of the anti-avoidance provisions in the Mauritius legislation as a weapon against impermissible tax avoidance, and the study also intends to critically analyse the remedies available against taxpayers who enter into impermissible tax avoidance transactions. Design/methodology/approach The methodology adopted for this qualitative study consists of a critical analysis and comparative legal review of the relevant legislation, case laws and literature. The anti-avoidance provisions of the Mauritius legislation will be compared with similar provisions of legislations of countries that have rigid preventive rules for anti-avoidance practices, and the selected countries are the UK and Australia because each country has been successful in diminishing the tax avoidances practices further to the imposition of penalties for impermissible tax avoidance. The black letter approach will also be used through which existing legal provisions, judicial doctrines, scholar articles and budget speeches governing anti-avoidance provisions for each country identified will be analysed. Findings Further to an analysis of the substantial differences between Mauritius anti-avoidance legal provisions and those of the UK and Australia, it is found that the backing of corrective actions by penalties act as a disincentive to prohibit impermissible anti-avoidance practices. The study concludes that, where there is abuse of law, the law needs to provide for penalties that must be suffered by the abuser, and hence, the study calls for an amendment in the Mauritius Income Tax Act to strengthen anti-avoidance provisions, by adopting similar provisions of the laws of Australia and the UK. Originality/value At present, there is no Mauritius literature on the researched topic, and this study will be one of the first academic writings on the subject of penalties for impermissible tax avoidance in Mauritius. The study is a new and unique topic in Mauritius, and for that reason, the study will largely rely on foreign sources that deal with penalties for impermissible tax avoidance, and this will include the Australian Taxation Administrative Act 1953, Australian case laws and the UK Finance Act 2016. This study is being carried out with the view to provide insightful recommendations to the stakeholders concerned in Mauritius to enhance the revenue collection avenues and methodologies for the Mauritius revenue authorities.
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Jugnauth, Kobita Kumari. "French and Hindi: Linguistic Similarities and Common Patterns between the two Languages". Scholars Journal of Arts, Humanities and Social Sciences 9, n.º 6 (7 de junho de 2021): 201–9. http://dx.doi.org/10.36347/sjahss.2021.v09i06.001.
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This paper aims at highlighting the linguistic similarities between two languages which at first glance seem very different from each other for various reasons. These two languages are French and Hindi. There has been almost no comparative study between these two languages. The reason behind this is that there are probably very few speakers who have an adequate linguistic competence in both languages and even fewer who would think about undertaking linguistic research about how the two languages can be similar. In Mauritius, the linguistic situation is thriving thanks to its multi-racial, multi-cultural and multi-religious status. While English and French are generally accepted as the country’s official languages, the lingua-franca remains Mauritian Creole. Also, quite a few Asian languages and Arabic are taught up to secondary level in schools. Mauritians who speak French and learn Hindi at school are thus among the few privileged speakers who develop competency in these two languages and can draw parallels between the two. This paper tries to explore some very interesting similarities in terms of vocabulary, grammar and syntax that speakers of both languages can detect and future learners of these two language will be able to perceive. The findings in this paper are based upon qualitative research from data provided by speakers of all ages from the Mauritian context, who have almost equal competence in both languages.
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GUNPUTH, Rajendra Parsad. "Micro-Credit in Conventional Banking: Would Islamic Banking be the Golden Age for Entrepreneurs? -The Mauritius Case Study". Journal of Social and Development Sciences 5, n.º 1 (30 de março de 2014): 14–25. http://dx.doi.org/10.22610/jsds.v5i1.801.
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The broad aim of this paper is to make an analogy between conventional banks and Islamic banking in micro-credit and the incentives they may provide for entrepreneurs and small and medium enterprises (SMEs) in a Mauritian perspective? Indeed, in Mauritius traditional or conventional banks are more and more reluctant to give loans to entrepreneurs who are considered as high risk investors (their fragile entrepreneurs may collapse unexpectedly) despite they create jobs and employment. In contrast, in most Islamic countries Islamic banks allow businessmen and investors among others to have loans without interest (or riba) according to sha’ria compliants and tailor made Islamic contracts (mudabara and musarakha) to support their innovations and proposals. Despite Islamic banking is at its burgeoning state it has expanded considerably in most Islamic and Arab countries. Would Islamic banks uproot conventional banks irrespective it is in Islamic countries or Western countries? This paper therefore adds to an already abundant literature on the subject-matter but it enlightens a central issue: would Islamic banking, sha’ria law and Islamic economies be the golden age for entrepreneurs and SMEs in Mauritius and worldwide?
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Hossen, Rashid. "Arbitration of labour disputes in Mauritius". Obiter 41, n.º 3 (1 de janeiro de 2021): 622–30. http://dx.doi.org/10.17159/obiter.v41i3.9585.
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The evolution of labour law on Mauritius started with the repeal of the “code noir” (literally the black code) which was introduced in France in 1685 and extended to the island in 1723. It contained inhumane provisions that treated a slave as merchandise, as the property of his master which was subject to a list of punishments for not obeying the orders of the latter. Freedom of movement was then a crime.
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Kattan, Victor. "Self-Determination during the Cold War: UN General Assembly Resolution 1514 (1960), the Prohibition of Partition, and the Establishment of the British Indian Ocean Territory (1965)". Max Planck Yearbook of United Nations Law Online 19, n.º 1 (30 de maio de 2016): 419–68. http://dx.doi.org/10.1163/18757413-00190015.
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This article uses the history of partition to assess when self-determination became a rule of customary international law prohibiting partition as a method of decolonization. In so doing it revisits the partitions of Indochina, Korea, India, Palestine, Cyprus, South Africa, and South West Africa, and explains that UN practice underwent a transformation when the UN General Assembly opposed the United Kingdom’s partition proposals for Cyprus in 1958. Two years later, the UN General Assembly condemned any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country in Resolution 1514 (1960). The illegality of partition under customary international law was raised during the second phase of the South West Africa Cases (1960–1966) in respect of South Africa’s homelands policy, but the International Court of Justice (ICJ) infamously did not address the merits of those cases. The illegality of partition was also raised in the arbitration between the United Kingdom and Mauritius over the establishment of the British Indian Ocean Territory in 1965. Like the ICJ in the South West Africa Cases, the Arbitral Tribunal decided that it did not have jurisdiction to address the legality of the British excision of the Chagos Archipelago from Mauritius, even though the legality of the excision was argued at length between counsels for Mauritius and the United Kingdom in their oral pleadings and written statements. However, in their joint dissenting opinion, Judge Rüdiger Wolfrum and Judge James Kateka expressed their opinion that self-determination had developed before 1965, and that consequently the partition was unlawful. This paper agrees that selfdetermination prohibited the partition of Mauritius to establish the British Indian Ocean Territory, a new colony, in 1965 although self-determination probably did not emerge as a rule of customary international law until the adoption of the human rights covenants in 1966, after the excision of the Chagos Archipelago in 1965, but before the passage of the Mauritius Independence Act in 1968.
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Mooneeram-Chadee, Varsha. "The regulation of Islamic banking in Mauritius". ISRA International Journal of Islamic Finance 12, n.º 2 (23 de julho de 2020): 265–80. http://dx.doi.org/10.1108/ijif-09-2019-0139.
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Purpose The purpose of this paper is to analyse the main components of the regulatory framework for Islamic banking in Mauritius. This small island state of the Indian Ocean aspires to host Islamic banking products while diversifying the range of financial services offered within its hybrid jurisdiction despite having a minority Muslim population. The study also aims at drawing some comparisons with the well-established regulatory framework that applies to conventional banking. Design/methodology/approach In this qualitative analysis of the regulatory framework of Islamic banking in Mauritius, the doctrinal approach is adopted. This method relies principally on a scrutiny of the provisions of the law and delves into the primary and secondary sources of law guiding Islamic banking practices in the Mauritian jurisdiction. Findings The research study concludes that, with the view of encouraging investors into Islamic banking, policymakers took some regulatory initiatives but these remained timid. These initiatives relied too often on borrowing from the regulatory framework in place for conventional banking practices instead of regulating the area within its own precepts. Prospects for expanding Islamic banking exist but will require more audacious regulatory steps so as to secure the environment within which Islamic banking is to flourish. In the meantime, the industry is in a status quo position with no further legal action currently being envisaged to re-launch this area. Originality/value This research study is among the first generated specifically on the regulatory framework of Islamic banking in a small financial centre that operates mostly offshore financial activities. Previous research work either focused on the empirical analysis or on reviewing the challenges and the prospects but no study has provided an in-depth analysis of the regulatory provisions circumscribing Islamic banking. This lacuna is being filled up by this research paper which highlights the regulatory needs of Islamic banking and comments on the inclusion of and the need for specific rules related to Islamic finance instead of relying on the overlap with conventional banking laws.
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Preston, Margaretha J., e Swaleha Peeroo. "An analysis of the possibility to implement a CSI tax levy in South Africa: Lessons from Mauritius". De Jure 55, n.º 1 (14 de agosto de 2023): 280–308. http://dx.doi.org/10.17159/2225-7160/2023/v56a19.
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"The voluntary approach to corporate social responsibility has failed in many cases."1 The Mauritius corporate social responsibility (CSR) landscape changed profoundly in 2009 with the addition of sections 50K and 50L to the Income Tax Act 16 of 1995 (Mauritius), making contributions to a CSR fund mandatory. Before 2009, the Mauritius government repeatedly called on the private sector for assistance to overcome unemployment, poverty, and other challenges in their country. Due to an unsatisfactory response to their request and factors such as poverty, and high unemployment levels, the government made the drastic decision to implement mandatory CSR legislation. The main objective of this study was to investigate the factors contributing to the enactment of mandatory corporate social responsibility (CSR) legislation in Mauritius and the possibility to implement similar legislation in South Africa. An analysis of the Mauritius tax legislation and relevant government publications scrutinised, by way of a literature review, revealed that what is referred to as mandatory CSR, is in fact mandatory corporate social investment (CSI). The study further indicated that the same socioeconomic factors as those present in Mauritius prior to 2009 and worse apply to South Africa. An analysis of South African CSI practices and contributions indicated that an additional R3.111 billion could have been raised if a 2 per cent CSI levy was applied to after-tax profits of certain categories of companies, as in Mauritius. This represents 1.2 per cent of the South African Department of Social Development's 2022/2023 budget. It is recommended that similar legislation should be considered for South Africa. It will ensure that all profitable companies in South Africa contribute to CSI and that more funds will be available to address some of the socio-economic needs. The study addressed the gap in empirical research done in Mauritius after 2018 and 2020 and is also the first comparative study conducted on this topic regarding South African law.
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Beebeejaun, Ambareen. "Board Diversity in Terms of Gender: a Recommendation for Mauritius". African Journal of Legal Studies 11, n.º 2-3 (16 de setembro de 2018): 282–98. http://dx.doi.org/10.1163/17087384-12340036.
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AbstractThe increased presence of women on the boards of corporations is an international trend worth following by all countries. There are many good reasons for increasing gender diversity on boards have been evidenced by various studies such as better decisions, performance, and representation of the consumer base. However, the country of Mauritius has been lagging behind in terms of legislative initiatives to promote female representation on corporate boards. A study conducted by the Hay Group in association with the Mauritius Institute of Directors in 2015 supports this fact.The study seeks to identify the relative benefits behind the global trend of achieving gender diversity on corporate boards and on the factors that impact the representation of women on such boards. Some various kinds of regimes and initiatives that have been developed in some countries mainly Norway and the UK will be analysed to deal with the issue of underrepresentation of women on corporate boards. The purpose behind this research is to provide effective recommendations for Mauritius to achieve a greater level of gender diversity on corporate boards.The methodologies for the research are, in essence, comprised of the black letter approach which analyses the legal provisions relating to directors in Mauritius, Norway, and the UK. Journals, books, and reports amongst others will be also examined.The paper aims at responding to the research objectives set out above. In particular, a soft-law approach in terms of voluntary target and non-financial disclosure in terms of gender diversity status is suggested as a first step to resolve low representation of women on corporate boards in Mauritius.
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Beebeejaun, Ambareen. "Unfair dismissal in the Mauritius context: a comparative study". International Journal of Law and Management 60, n.º 6 (12 de novembro de 2018): 1299–312. http://dx.doi.org/10.1108/ijlma-07-2017-0158.
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Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.
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Weismann, Paul. "Peoples’ Right to Self-Determination". International Community Law Review 21, n.º 5 (12 de novembro de 2019): 463–79. http://dx.doi.org/10.1163/18719732-12341414.
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Abstract The Chagos Archipelago is a small group of islands and atolls in the Indian Ocean which traditionally has belonged to Mauritius. In 1965, when Mauritius was still a colony of the UK, the Chagos Archipelago was detached from Mauritius and the UK allowed the US to establish a military base on this territory. These occurrences have been highly disputed ever since. In February 2019, the International Court of Justice (ICJ), upon request by the UN General Assembly, has rendered its Advisory Opinion on a number of legal issues concerning the case. This contribution aims at presenting and discussing the facts of the case and its main legal aspects, encompassing material questions on the peoples’ right to self-determination, on territorial integrity and on international responsibility, but also procedural questions relating to the scope of the jurisdiction of the ICJ. In this context, not only the Advisory Opinion of the Court shall be analysed, but also the Separate Opinions and Declarations and in particular the Dissenting Opinion rendered by Judge Donoghue will be taken into account.
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Beebeejaun, Ambareen. "A Critical Analysis of Fiscal Measures on Unhealthy Foods in Mauritius". African Journal of Legal Studies 12, n.º 2 (19 de dezembro de 2019): 163–82. http://dx.doi.org/10.1163/17087384-12340048.
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Abstract The level of obesity across the globe is on the rise and this is evidenced by the recent World Health Organisation’s (WHO) estimate of an increase in the worldwide prevalence of obesity which has nearly tripled between 1975 and 2018. Mauritius has a high rate of obesity which is evidenced by the Non-Communicable Diseases (NCD) report of 2016 indicating that around 54.2% of the participants are obese. One amongst the main causes of obesity is a high level of sugar consumption. In this regard, a number of policies are being undertaken by the Mauritius government one amongst which is the imposition of an excise duty on sugar. Furthermore, the study will also focus on consumption of some products that are considered to be unhealthy. For instance, while the WHO recommends a level of sodium chloride intake of less than 5 grams (1 tablespoon) per day to reduce blood pressure and cardio-vascular diseases, a study conducted by the Ministry of Health and Quality of Life (MOHQL) in 2012 revealed that the standardized mean salt intake was around 7.9 grams daily, which is far beyond the WHO’s recommendations. The level of fat consumption is another factor that affects obesity. While the recommended level of fat is between 44 grams to 77 grams for an intake of 2,000 calories per day, a study conducted by Bundhun et al. in 2018 on the target population of 344 children showed that the majority of children consumes more than the recommended fat intake. In light of the above, the aim of this study is four-fold, mainly to: (a) analyse the effectiveness of the three cents of excise duty per gram of sugar on the Mauritius population consumption patterns; (b) assess the likely impact of a food tax in Mauritius imposed on fatty or salty foods that are considered unhealthy; (c) analyse the laws relating to unhealthy food taxes in Hungary; and (d) suggest possible recommendations which may be of use to stakeholders in Mauritius to combat obesity problem. The methodologies for the research are in essence comprised of the black letter approach which will analyse the legal provisions relating to the laws in Mauritius and Hungary. Books and reports will be also examined. A qualitative analysis is carried out in terms of questionnaire to find out the perceptions of the Mauritius population on food taxes. The paper aims at responding to the research objectives set out above. In particular, it is suggested that the rate of excise duty on sugar needs to be increased and that the Mauritius government should also consider the imposition of excise duty on the level of salt and fat contained in foods.
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Amblin, G. J. "SEWAGE RE-USE IN MAURITIUS". Water and Environment Journal 18, n.º 3 (agosto de 2004): 171–76. http://dx.doi.org/10.1111/j.1747-6593.2004.tb00521.x.
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Beebeejaun, Ambareen. "The role of international investment agreements in attracting FDI to developing countries". International Journal of Law and Management 60, n.º 1 (12 de fevereiro de 2018): 150–71. http://dx.doi.org/10.1108/ijlma-09-2016-0082.
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Purpose The study aims to focus on the effectiveness of international investment agreements (IIAs) in helping or facilitating the influx of foreign direct investment (FDI) to host developing countries. Design/methodology/approach To critically examine the topic, the black letter approach and the socio-legal analysis are adopted. The study has analysed how Mauritius, being a developing country, is responding to FDI needs from various bilateral and multilateral investment treaties concluded, and the research includes the analysis of official data publicly made available by the World Trade Organization, Organisation for Economic Co-operation and Development, International Monetary Fund and Mauritius governmental agencies’ reports. Findings From the methodologies used, it was found that other than IIAs, there are various key determinants which foreign investors consider prior to injecting their capital in developing countries in terms of environmental, social and cultural factors. Also, there are some inherent loopholes mostly in terms of monitoring, in the way IIAs are concluded and are applied in practice by and amongst signatory states. Originality/value This research is amongst the first studies to conclude the link between IIAs and FDI flows in developing countries with a particular focus on Mauritius. Additionally, an overwhelming number of studies have emphasised on the efforts to boost FDI, which are inspired mostly by action plans of developed nations, but this research will analyse the policy options adopted by China, being itself a developing country, and the extent to which such recommendations are applicable in the context of Mauritius will also be considered.
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Oral, Nilüfer, e Massimo Lando. "International Procedure between Past and Future – Procedural Developments in Law of the Sea Dispute Settlement in 2021". Law & Practice of International Courts and Tribunals 21, n.º 1 (15 de março de 2022): 198–224. http://dx.doi.org/10.1163/15718034-12341470.
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Abstract Only two decisions in law of the sea dispute settlement cases were issued in 2021. Not a single arbitral award was issued in 2021, and the only case decided by the International Court of Justice was on the merits in the maritime dispute between Somalia and Kenya. Finally, a Special Chamber of the International Tribunal for the Law of the Sea rendered a judgment on preliminary objections in the maritime dispute between Mauritius and the Maldives.
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Campbell, Mark. "Betamax V. STC: Alleged Illegality, Public Policy and the Model Law". Asian International Arbitration Journal 17, Issue 2 (1 de outubro de 2021): 183–92. http://dx.doi.org/10.54648/aiaj2021009.
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Public policy can be raised in the context of setting aside or enforcing an arbitral award, and there is within international commercial arbitration a general consensus that the public policy concept should be defined narrowly. There is one aspect of public policy in particular which highlights the tension between the finality of awards and the right of the forum state to uphold its public policy. That is the situation where, in the face of alleged illegality, the arbitral tribunal concludes the underlying contract is lawful and enforceable. The question then arises: should a national court be permitted to re-examine the tribunal’s findings in this regard at the point of setting aside or enforcement? Relying on authorities from Singapore and England, the Judicial Committee of the Privy Council in Betamax v State Trading Corporation – a case appealed from Mauritius and which concerned an alleged breach of public procurement rules – has held that the answer to that question should be no. The Privy Council’s decision will be an important addition to the Model Law jurisprudence on Articles 34(2)(b)(ii) and 36(1)(b)(ii), and one can expect it to be cited and discussed beyond the confines of Mauritius. international arbitration, domestic arbitration, remission, partial remission, suspension of proceedings, Article 34(4) of UNCITRAL Model Law, arbitral tribunal, judicial intervention, powers of arbitrators, modified award, Arbitration and Conciliation Act 1996, curability, International Arbitration Act, Singapore Arbitration Act, resumption, fresh evidence.
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Ian, Chambers, Roberts John, Urbaniak Suzy, Gibson David, Durant Graham, Cerini Bobby, Maulloo Aman et al. "Education for Sustainable Development: A Study in Adolescent Perception Changes Towards Sustainability Following a Strategic Planning-Based Intervention—The Young Persons’ Plan for the Planet Program". Sustainability 11, n.º 20 (20 de outubro de 2019): 5817. http://dx.doi.org/10.3390/su11205817.
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In 2016, the United Nations (UN) launched the 17 Sustainable Development Goals (SDGs) as a framework for sustainable development and a sustainable future. However, the global challenge has been to engage, connect, and empower communities, particularly young people, to both understand and deliver the 17 SDGs. In this study, we show the benefit of a strategic planning-based experiential learning tool, the Young Persons’ Plan for the Planet (YPPP) Program, to improve the underlying competencies of Australian and Mauritian adolescents in increasing understanding and delivering the SDGs. The study was conducted with 300 middle to senior high school students, in 25 schools throughout Australia and Mauritius, over an 18-month period. The intervention included the development of research, strategic planning, management, STEM (Science Technology, Engineering, Maths) and global competency skills in the students, to enable them to build and deliver regional and national SDG plans. Research methods included pre- and post-intervention testing of the attitudes of these students to sustainable development outcomes and compared these attitudes to subsets of scientists and the Australian national population. Our results, from both qualitative and quantitative evidence, demonstrate significant improvements in these adolescents’ appreciation of, and attitudes towards, the SDGs and sustainable outcomes, across a range of key parameters. The results from the 76 students who attended the International Conference in Mauritius in December 2018 demonstrate significant improvements in mean levels of understanding, and attitudes of the students towards the SDGs awareness (+85%), understanding/engagement (+75%), motivation (+57%), and action orientation/empowerment (+66%). These changes were tested across a range of socio-demographic, geographic, and cultural parameters, with consistent results. These findings have significant implications for the challenge of sustainable education and achieving community engagement and action towards the SDGs in Australia and Mauritius, particularly for young people. As the intervention can be replicated and scaled, the findings also highlight the opportunity to extend both the research and this type of experiential learning intervention across both broader geographies and other generation and community segments.
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Purmah, Neel Raamandarsingh. "Envisioning the Effective Implementation of the Marrakesh Treaty For Blind, Visually Impaired and Print-Disabled Individuals in Mauritius". African Journal of Legal Studies 15, n.º 2 (13 de abril de 2023): 160–84. http://dx.doi.org/10.1163/17087384-bja10077.
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Abstract The Marrakesh Treaty has been hailed as the key to unlocking the door for visually impaired or print-disabled individuals to have more equitable access to published works. Its most innovative aspect resides in its provision of mandatory copyright exceptions with a view of facilitating the cross-border exchange of published works in accessible format for individuals with print disabilities. This could have far-reaching benefits in terms of closing the gap on the book famine for visually impaired persons worldwide, in particular in developing nations such as the Republic of Mauritius. While Mauritius has ratified the Marrakesh Treaty on 11 January 2021, it has only entered into force on 11 April 2021. It is therefore well-timed to examine to what extent can the Marrakesh Treaty be effectively implemented for print-disabled individuals in Mauritius to enjoy their rights to access information and to participation in cultural life on an equal basis with others. First, the paper will provide a contextual exploration of the rationale behind the development and adoption of the Marrakesh Treaty, and then turn to a legal and policy analysis of the substantive provisions of the treaty. Second, the paper will elaborate on a human rights framework for copyright. Finally, the paper will provide significant legal and policy recommendations for both state and non-state actors to fully and meaningfully give effect to the treaty, including through the development of a clear action plan, and the role of governmental and non-governmental stakeholders in facilitating access to published works for print-disabled individuals in Mauritius.
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Moneke, Enuma U. "The Quest for Transparency in Investor-State Arbitration: Are the Transparency Rules and the Mauritius Convention Effective Instruments of Reform?" Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 86, Issue 2 (1 de maio de 2020): 157–86. http://dx.doi.org/10.54648/amdm2020014.
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In recent years, critics have questioned the legitimacy of international investment law, particularly investor-State arbitration on the grounds, amongst others, that confidentiality and lack of transparency in arbitral proceedings pose a threat to the basic principles of public law and democracy. In response, minimal transparency measures have been introduced by States, regional international economic organizations and the International Centre for the Settlement of Investment Disputes (ICSID) over the last two decades. More recently, the Transparency Rules and the Mauritius Convention were introduced by the United Nations Commission on International Trade Law (UNCITRAL) for a more far-reaching impact. These instruments have been widely applauded as the much awaited solution for entrenching transparency and enhancing the legitimacy of treaty-based investor-State arbitration. But will they really establish transparency in investor-State arbitration considering the opt-out provisions in Article 1(1) of the Transparency Rules and Article 3(1) of the Mauritius Convention? In attempting this question, the article examined the concept of treaty based investor-State arbitration, its public character and the possible effect the opt-out provisions could have on the quest for transparency. It posited that a mechanism that allows parties – States and foreign investors – a choice whether or not to apply these instruments in a given arbitration will impede the attainment of the objective of entrenching transparency in investor-State arbitration.
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de Gans, K. "M. Bogdan, The Law of Mauritius and the Seychelles, Lund 1989, 54 pp." Netherlands International Law Review 37, n.º 02 (agosto de 1990): 301. http://dx.doi.org/10.1017/s0165070x00006689.
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