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Offshore Law Text Book
Confidentiality in Offshore Financial Law - Oxford University Press, United Kingdom, New York; 2002

Confidentiality in Offshore Financial Law is a comprehensive legal analysis of an essential, but virtually unexplored and often controversial topic. It is a holistic and complex subject which brings together several orthodox areas of law in innovative and constantly evolving ways. It embraces the law on trusts, taxation and tax planning, banking, international crime, mutual funds and company law.


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Confidentiality and Trust Law Text Book


Trusts and Related Tax Issues in Offshore Financial Law - Oxford University Press Kingdom, UK, New York, 2005

This book examines this complex legal framework and the corresponding jurisprudence in detail, providing a valuable resource tool for the practitioner and academic alike. The offshore trust is a fairly new creature, and thus several controversial questions arise. This book offers an honest appraisal of such questions, examining the offshore trust from both its statutory origins and comparatively, taking into account common law presumptions about the trust. This enables the practitioner to source workable solutions to the inevitable conflicts that arise. Public policy concerns are also addressed.

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Unfair Dismissal Digest - ILO, Geneva, April 2000, (Co-author and co-supervisor to publication)

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Law and legal systems

Commonwealth Caribbean Law and Legal Systems, Cavendish, London, 1998.

This text traces the law and legal systems in the Commonwealth Caribbean and its development from the common law system. The legal and historical sources of law are discussed, covering jurisprudence, custom and law of caricom. The administration of justice is also explored.

The text is in use in North America, UK, South Africa and Europe.

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Legal Issues Offshore


Legal Issues in Offshore Financial Services

Over the last ten years, increasing world trade and globalization have led to increased international financing and the growth of offshore financial centres.  This growth has also been reflected in the Caribbean by an expansion of the financial services industry which has become one of the larger income earning sectors in some Caribbean countries.

In this publication, academics, professionals and representatives of the regulatory and government sectors from the Caribbean and the United Kingdom, address the types of offshore products and functions, the offshore tax function, the legal issues involved in using the offshore trust, and the regulation of the offshore sector.  The key areas of International Business vehicles, the Captive Insurance Industry, the use of offshore trusts in international estate planning and the regulation and control of money laundering are also analysed.
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The Caribbean Court of Justice, co-author, editor and coordinator of a special edition of the Caribbean Law Review - vol.3 , 200.1
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The Elimination of Discrimination in Employment and Occupation in the Caribbean  (96 pages) - The Bahamas, Guyana, Jamaica and Trinidad and Tobago, ILO, Caribbean and Geneva, Consultative Document for the ILO Global Report on Discrimination ILO, Caribbean and Geneva, 2001.)
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A Woman’s Rights in the Workplace (80 pages) - UNIFEM/ ILO, 1999. This text is a reference document for ILO, UNIFEM and NGO personnel and as a consultative document for training professionals and workers.
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The CARICOM Labour Law Harmonisation Report, 1992- 540 pages -  The text is currently in use as a Consultative Document for Labour Law Reform by national, regional and international institutions including the I.L.O. Geneva, IDB, the World Bank, CARICOM and several Caribbean Governments;  Also being sold as a text by several Labour Law Institutions). It is a comprehensive study of labour laws in the Commonwealth Caribbean. The work also formed the basis for the CARICOM Model Labour Laws. The Report has been, and continues to be, a catalyst for labour law reform in the region, with specific mention made of it by several regional governments in various reports.


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Chapters in Law & Legal Systems, Office of University Services, UWI, 1992, Text for Students in Faculty of Law Challenge Program.

" This is an excellent book both for the non-lawyer offshore trust manager, and for the experienced professional adviser".

Steven Arthur




Articles and Papers

1984

The Role of the Historian in Decolonization (Faculty of Arts & Social Sciences UWI, St. Augustine) 1984

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1986

Jessup International Moot Memorial (1986) American Journal of International Law, (Joint Publication with other members of the Faculty Team which won the Jessup Moot )

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1987

The Role of the Law in Social Engineering in the Caribbean, (1987) 10 Stud. LR  26

 Not Available
1991

The Re-introduction of the Cat-O-Nine Tails in Barbados: A Tale of Woe, (1991) 1 Carib. LR, pp. 26-35

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1991

Equal Access to Justice, 1991 in Commonwealth Caribbean Legal Essays, Butterworths, London, 1992, 333 ( Partly reproduced with the permission of the ICLQ and in-house journals editor).

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1992

A New Look at Reasons - One Step Forward - Two Steps Backward, (1992) Administrative Law Review, pp. 447-459

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1992 The Judicial Committee of the Privy Council - An Inadequate Remedy for Death Row Prisoners (1992) 41 International and Comparative Law Quarterly pp. 179-190 Not Available
1993

Exhaustion of Local Remedies Rule and Death Row Appeals [1993] Revue de droit Internationale (42 pages)

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1994 Redundancy in the Context of Unfair Dismissal -  (1994) 2 Carib. LR 421 Not Available
1996 COMMENTS ON THE PAPER ‘FI WE LAW’ Click Here
1997

Economic, Social and Cultural Rights in a Working Environment  [1997] 7 (2) Carib. LR  534 ( 53 pages)

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1998

The Mareva Injunction and other Restraint Orders in Offshore Law [1998] 8 Carib. LR 212

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1998 Opting Out of the Optional Protocol - Is this Inhumane? [1998] C.L.B. 3 Not Available
1999

100 Years of Labour Law’ Guest Feature Paper - Special Millennium Issue - CARICOM Secretariat, 1999.

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1999 Confidentiality under Offshore Law,’ [1999] Journal of Financial Crime. Not Available
1999 The Protection of Offshore Confidentiality: Policy
Implications and Legal Trends,” Journal of Financial Crime, Vol. 7, No. 1.		 Click Here
1999 Juvenile Justice -Important Trends 1999, UNICEF Not Available
2000

Labour Market Regulation and Employment in the Caribbean’ in  Research Network Paper No. R. 388, Inter-American Development Bank, Washington, April 2000. Joint Paper with economists Mamingi, N. and Downes, A.

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2000

The United Nations System of Human Rights and the Commonwealth Caribbean, The Inter-American Commission for Human Rights, 2000

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2000 CONSTRUCTING A LEGAL FRAMEWORK
FOR ADDRESSING HIV AND THE WORKPLACE		 Click Here
2001 Offshore Financial Sector - A Defence’ - Journal of SALISES, 2001 Not Available
2004

Commonwealth Caribbean Law and Legal Systems - Waiting to Exhale’ - Nova Southeastern Law Review, Fall 2004

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2005 Waiting to Exhale: Commonwealth Caribbean Law and Legal System. Click Here
2005 Feature Address to the Society for International Trust and Estate Practitioners (STEP) Click Here
2006

OFFSHORE TRUSTS AND CONFIDENTIALITY - IS CONFIDENTIALITY INCONSISTENT WITH CREATING WEALTH?

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2006 The Place of Labour Law in the Role of the State in Industrial Relations and Employment in the Commonwealth Caribbean’ in Goolserran, G.  A Reader on The Future of Industrial Relations in the Caribbean, ILO, 2006. Not Available
2006 Vice Chancellor Award Ceremony Click Here
2007 The Offshore Trust: a Catalyst for Development’ [2007] 14(3) Jr of Financial Crime, 264 Not Available
2007 Is Confidentiality Inconsistent with Creating Wealth?’  [2007] 143 Offshore Investment 25 Not Available
2008 Mapping the Social in Caribbean Regional Integration ‘ in Rethinking Labour Regulation, McGill University, 2008 Not Available

The New Right to Legal Representation - A Comparative Approach: Oxford Journal of Legal Studies, Vol. 12, No. 2, pp. 284-294.

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Constitutional Issues in Asset Forfeiture and Drug Cases UNDCP, Geneva and Web Site Not Available
Trends in Mutual Assistance in the Caribbean UNDCP, Geneva and Web Site Not Available

 

SELECTED CONFERENCE PAPERS, PUBLIC LECTURES AND TELECASTS

‘The Confidentiality Principle in Offshore Financial Law’, International Society for Trust & Estate Practitioners Conference, Bermuda, 2008.

‘New Directions in Trust’            Society for Trust Practitioners, Barbados Branch, Hilton, Barbados, November 27, 2007.

‘Why You Need a Labour Code’  - Public Lecture, Sir George F L Charles Foundation, Castries, St. Lucia, November 13, 2007.

‘Legal Issues on HIV and Sexuality,’  UWI HARP Symposium on ‘Risk and Vulnerability in HIV’, Jamaica, September 2007

‘The Offshore Financial Sector – Legal Issues and Legitimacy’, Presenter, Washington DC, American Enterprise Institute

‘DeConstructing Labour Law in the Caribbean – Special Reference to Discrimination and Gender ‘ -McGill Research Group – Montreal, August 2007

ILO Training Seminar, Trinidad, September, 2007

‘Labour Law in the Caribbean – Contemporary Issues’, Commonwealth Lawyers Conference, Kenya, September 2007

‘Confidentiality in Offshore Finance – Contemporary Legal Issues’ – Legal Expert – The Offshore  Investment Oxford Symposium – September, Jesus College, Oxford,  2007

Guest Speaker Offshore Investment International Offshore Law Conference, Puerto Rico. Paper entitled ‘ Trusts and Confidentiality – Is Confidentiality Inconsistent with Creating Wealth? October, 2006.

Guest Speaker – McGill International Symposium on Labour Regulation, Montreal Canada, Paper entitled ‘ ‘Mapping the Social in Regional Integration – Rethinking Labour Regulation’, September 2006.

Featured Speaker –OECS Bar Association Annual Conference and Book Fair , Anguilla, - Paper entitled ‘Offshore Opportunities’, September 2006.

Faculty Representative ‘ PanCap Caribbean HIV /AIDS Training Workshop for Legal Practitioners, St. Vincent, 2006.

Guest Speaker  - Society for Trust and Estate Practitioners (STEP) Caribbean Conference
                      - Miami, USA,  May 9, 2005 -The Development of Trust Law by the Offshore Sector.

Feature Address - British Virgin Islands Bar Association (STEP) Annual Conference, June 2005, The Offshore Sector -New Developments.

Labour Law Expert - The Caribbean Employment Forum - Technical Panel Meeting, ILO, March 2-3, 2005.

Guest Speaker- The Global Economy: Opportunities and Challenges for Industrial Relations for The National Conference and Consultation on Industrial Relations in Trinidad and Tobago, Government of Trinidad and Tobago, March, 2005.

Featured  Speaker - International Women’s Day, March, 2005  Women as Catalysts for Change in HIV/AIDS, St. Lucia National AIDS Committee.

Public Lecture - Legal Issues on HIV/AIDS and Employment, Castries, St. Lucia, December 2004

Seminar Papers and Public Lecture on Developments in Commonwealth Caribbean Legal Systems - Nova Southeastern Distinguished Visiting Professor Series, Fall, 2004

Panellist on Telecast/ Documentary – ‘HIV, Legal Issues and Gender’, CAREC, Barbados November, 2004

Paper - The Contribution of the Offshore Sector to Commonwealth Caribbean Legal Development - First Annual Eastern Caribbean Bar Association’s Law Fair, Kingstown, St. Vincent, 2004

Lecture - Labour Law Issues  - Human Resource Professionals Workshop, Barbados -2004

Guest Lecture – ‘AIDS in the Workplace’, Ernst & Young, Barbados, 2003

Featured Guest Speaker -Confidentiality Issues after Ground Zero - Eugene Dupoch Law School, The Bahamas, September 2003

Feature Address – ‘ Labour  Law - A Caribbean Perspective’- Ernst & Young (Caribbean)- Annual Labour Law Training seminar for professionals, Trinidad, June 2003

Paper: The Changing Face of Labour - A Legal Perspective - First Caribbean Labour Conference, Mona, Jamaica, 2003

Paper: Responses on Legal Issues in Offshore Finance - SALISES Workshop on  International Financial Services, April 2002

Guest Speaker - The Saint Lucia Civil Service Association –‘Productivity in the Modern Market Place’,  2002

Invited to speak as a legal regional expert at the ILO Productivity Workshop - PROMALCO - 2002

Paper:  Juvenile Justice in the Commonwealth Caribbean - UNDCP/UNICEF Conference on the Rights of Children, September 2001

Paper:  The World Trade Organisation and Labour Law Issues - Barbados Workers Union Conference on Globalization October 2000

Featured Speaker: Teachers-Catalysts for Change - Saint Lucia Teachers Association  Conference, October 2000                                   

Paper: Recent Trends in Labour Law in the Context of Globalization in the Caribbean, Mona 2000 Academic Conference September 2000

Feature Address: The Implications of Labour Law Reform for the Tourism Sector  - Hotel and Tourism Association Annual Meeting, Castries, August 2000

UWI Central Bank Public Lecture Series - A Defence of the Offshore Sector, Barbados, 2000

Paper:  The Place of International Financial Services and Development in the Caribbean-  ISER Symposium, Barbados, January, 2000

Guest Speaker :  The Politics of Offshore Financial Services in the Commonwealth Caribbean - The Cambridge Symposium on International Financial Crime, 1999

Paper: The United Nations System on Human Rights - Conceptual Issues of Relevance to the Caribbean Inter-American Commission on Human Rights Conference, May, 1999

Paper: Asset Forfeiture and Confiscation in the Caribbean - Constitutional Constraints  UNDCP Prosecutors Conference - St. Lucia, April, 1999          

Paper: Mutual Legal Assistance Treaties in the Caribbean- UNDCP Judiciary Conference, St. Lucia, April, 1999

Paper: An Overview of Misuse of Drugs Legislation UNDCP Magistrates Conference, Trinidad and Tobago, February, 1999

Discussion on CBC Radio and Television and article in Daily Nation - Administrative Law Considerations in the West-Indian Cricket Impasse, 1998

Paper: Confidentiality Constraints in Offshore Finance-  Inaugural UWI/ CLC/ St. Lucia Offshore Law Workshop, December 1998, St. Lucia

Paper: The Offshore Trust - Problems and Pitfalls -  UWI/ CLC/ St. Lucia Offshore Law Workshop, December 1998, St. Lucia

Special Invitee: Offshore Financial Services & Tax Planning - Offshore Investment, London, February 1996

Paper: An Overview of Offshore Structures in the Caribbean Offshore Banking Issues, Cyprus, 1996

Paper: Securing Rights to Women Workers - With Particular Reference to Structural Adjustment - Conference on Human Rights in the Commonwealth Caribbean; CAFRA, Trinidad - January 1995 (68 pages)( revised version published as above)

Consultative Paper:  The Legal implications for Contracting Out of Minimum Standards Labour Legislation

Paper: Globalization, Law and the Contemporary Caribbean- First Congress on Caribbean Legal Studies; Puerto Rico, 1994

Paper: Harmonisation of Labour Law in the CARICOM Region, presented to the CARICOM Labour Ministers & Technical Advisors Meeting, St. Lucia, 1993

Paper: Some Reflections on Administrative Bodies and the Administrative Justice Act - Barbados Bar Association Conference, 1991

Participant: International Human Rights Workshop - O.A.S., Rio de Janeiro, 1991

Paper: Occupational Health and Safety and the Working Woman,  Conference on Women and the Law, Cave Hill, University of the West Indies, 1990

 

 
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