text:
Über ehestablisierende Rechtstechniken
On Marriage-Stabilizing Legal Techniques
by Prof. Dr. Hans Hattenhauer
Christian-Albrechts-Universitaet zu Kiel,
Christian-Albrechts-University, City of Kiel
Zeitschrift fuer das gesamte Familienrecht (FamZ) 1989, page 225 et. seq.
Summary and Explanation by Antje S. Heinemann, J.D., with assistance by John Crouch, J.D., and Susan Winston, J.D. candidate, University of Miami School of Law
In this article Prof. Hattenhauer deals with the need to stabilize marriages and the legal instruments and techniques to do so.
As marriage is a lifelong relationship it is always endangered by its duration. Because of the changes of various circumstances such as society, the spouses' financial situation and economic development/expansion etc., marriage has lost a lot of its functions and is therefore today even more deemed to be only a short-term rather than a long-term "operation".
But how have humans in history of mankind been able to make marriages work as a long-term relationship and make this long-term relationship an ideal of a marriage? Knowing that trust of only biological/emotional forces and the spouses' good will are not enough to make a marriage a "long-term operation", former cultures have stabilized it with various techniques.
As Hattenhauer states that there is up to now hardly no fundamental scientific research on this issue, he limits his point of view in his article to marriage-stabilizing legal techniques. This makes him first think of some very general questions such as: What is society's moral understanding and what is universally valid? What is the general social consensus that courts must respect? At what point is the jurisdiction exceeding its authority when it determines what the ideal of marriage?
To find answers he works with various theses:
Thesis 1:
Marriage is the foundation of family. Family is based on marriage and – at best – includes children. In contrast to this, any other model of a "family" such as homosexual cohabitation, a commune or heterosexual cohabitation without being married is not legally binding and it can therefore not achieve the same privileges as a marriage.
Marriage is an "enterprise for maintenance". As society has changed into an industrial society and the welfare state has been established, marriage has lost a lot of its maintenance character and functions. However, it has never totally ceased to be an "enterprise for maintenance", which is shown by the unbroken importance of support payments. This support for spouses and children will never be completely replaced by government.
In addition to this financial "maintenance", marriages also give enormous personal and emotional support. This support is not replaceable at all. Today, this support is even more appreciated than ever before.
Up to now the maintenance character of marriage (both financial and emotional) has been obvious. After the long-term period of upbringing the children the period of growing old usually began. The parents then needed support and care-taking themselves.
But increased life expectancy, both parents' working, and the social security system have created a completely new period between these two periods. During this phase the spouses are usually not aware of their mutual maintenance obligations and therefore the duration of marriage is weakened. As also sexual morality has changed, marriage has furthermore lost a lot of its sexual maintenance character.
The ecclesiastical sacrament of marriage has been replaced by the civil marriage. Today, marriage is legally understood as a contract.
Although we see today all these changes to the maintenance character of a marriage, there is still a huge private interest for stability in marriages. It is important for governmental authorities to assure a process of stabilization, as stable marriages ensure the people's life quality.
People entering a marriage often have to make sacrifices such as giving up parts of their personal freedom or privacy. As some kind of compensation the state is giving them married privileges and protection by law. Art. 6 GG, (i.e. Grundgesetz, the German constitution) for example, protects family and marriage. To give the same bonuses to other, less legally binding, types of relationships won't be justified. These bonuses are such as, but are not limited to, support, inheritance, child custody, and in case of dissolution of marriage, a system to solve conflicts as the law determines alimony, support, division of pension rights etc.
As, because of the great public interest in long-term marriages, smart states have developed certain marriage-stabilizing policies, they have laid down marriage and family in the constitution.
The history of occidental marriage has been the history of the privatization of marriage. Marriage has become more and more a subject of the couple's dispositions. Today spouses can determine nearly everything regarding their marital relationship. Since spouses can do so, such agreements, their compliance and their enforcement, need protection by the government.
Thesis 10:
The process of privatization is neither irreversible nor deplorable. Privatization is justified as an act of liberation from governmental constraints.
After the breakdown of the middle-class model of marriage (after 1968) as the "moral monopoly," we find today a pluralism of ideals of marriage. The question today is: What kind of law do we need in times of pluralism, which does justice to all models and groups? What kind of law does not impose too much stabilization to the ones not interested, and does not refuse to give stability to the ones who ask for it? How can the government take care of marriages and create a law that meets all interests? How does a catalog of acknowledged ideals of marriages look like?
In the history of marriage, the non-formal (regarding the entering and dissolution of marriage) Roman marriage, the "matrimonium liberum", has been surprisingly durable. Alfred Soellner has stated that the reason for this stability was the use of a certain legal technique: the dowry, the "dos". The dowry was the father-in-law's contribution to the husband in a considerable amount of money to give the marriage a binding character. The marriage and the financial contribution were strictly connected. Conversely, only an endowed marriage was acknowledged as a valid marriage. A marriage without dowry instead was regarded as void.
The dowry was highly important to wives. It was so important that the father-in-law sometimes had to impose it on the husband. The financial contribution was also a matter of the wife's reputation. A woman who was not endowed was contemptuous. If the family was poor, the daughter sometimes had to go to the brothel.
The purpose of the dowry was to stabilize the marriage: The profits made out of the financial contribution were used to maintain the family, especially during the first years. The ongoing sanctions in case of conflicts guaranteed the existence of the marriage. Both spouses had to take care of the marriage to be entitled to the benefits of the financial contribution. In case of adultery or filing a divorce, e.g., the wife lost all her entitlements for the return of the contribution in total. If the husband wanted to commit adultery or wanted to get divorced he had to be afraid of losing the dowry, which helped to keep him from doing so. It was also possible for the wife to determine a contractual penalty for the husband, which he had to pay if he had a concubine. In general one could say: He who wanted to give his wife back had to give the contribution back.
According to Hattenhauer this was the reason why marriages without dowry had always been more endangered by divorce than others, and why the Romans preferred marriages within one's station. A poor wife could be easily rejected but in case of a high dowry the rejection always meant a bad loss. On the other hand, a marriage with a high dowry was sometimes quite difficult to handle for a poor husband, because then he had to endure the moods of his rich wife. Thus, the Romans found the ideal marriage where there was a dowry and the financial background had been equal.
Hattenhauer then describes the marriage in the rabbinical-talmudical law and states that it was quite similar to the Roman model: Without a trousseau a woman was not allowed to marry. If necessary the money was taken from the community's funds for the poor. In addition to that, there was also the dowry (which could be in property or money). The dowry always continued to be the property of the wife but was administrated by her husband, who often had a right of usufruct of it. The couples necessarily had to settle upon a marital agreement. Beside certain other agreements the spouses agreed about the "Ketubah", which was the sometimes considerably high amount of money the husband had to pay in case of the dissolution of marriage (divorce or death). The amount had to be in accordance with a minimum sum and depended on the amount of the dowry. A marriage without a "Ketubah" was not completely valid and considered as a concubinage.
Hattenhauer states that both dowry and "Ketubah" stabilized marriages. As the capital stock usually was invested in the husband's enterprises, his cravings for divorce were reasonably minimized. On the other hand a mean wife, whose "Ketubah" had been high enough, could sometimes leave the husband desperate. To explain this dilemma Hattenhauer cites the case of Rabbi Nachman: He couldn't get divorced from his mean wife because the "Ketubah" was too high, but his disciples finally collected the money to pay him off and gave him freedom.
The purpose of the "Ketubah" to stabilize marriages was clear: The rabbis created the "Ketubah" to make it more difficult for the husband to leave his wife.
Hattenhauer then examines the German model and states that the German law did not adopt the Roman model schematic. In the 17th – 19th century it was held that the common marital agreements in Germany didn't comply with the narrow frame of the Roman "pacta dotalia" because they were not limited only to financial transactions. Up to the effective date of the BGB, (Bürgerliches Gesetzbuch, i.e. Civil Code), January 1900, the Germans and Europeans practiced marriage-stabilizing by using various kinds of marital agreements. They had various names, varieties, and a high practical importance. They had such names as pactum dotale, pactum nuptiale, Ehepakt, Ehegedinge, Ehestiftung, Eheberedung, and Brautlaufbrief.
A marital agreement was defined as any legal transaction that determines rights and obligations of spouses. The essence of those agreements was that there were personal and financial agreements at the same time. However, the financial settlements – the agreement about the husband's or wife's financial contribution to the marriage – predominated. Being an important financial source for the maintenance of the family, the assets were important to stabilize marriages. The husband administrated the estate and was liable for its continued existence. In these marital agreements the spouses could also agree about the husband making a contribution to the wife in return, or a security payment for the dowry.
Those types of marital agreements were not only settled between rustic, but also aristocratic, spouses.
Beside the above mentioned possible settlements the German marital agreement in these times above all also contained agreements about inheritance (wills or any other kind of inheritance transactions). The spouses, e.g., agreed about the future of financial contributions, reciprocal assigning, and provision for children. The husband also often agreed that his heirs had to support his wife after his death. Thus, marital agreements and agreements about inheritance went hand in hand. The variety of such agreements was enormous, especially in the area of non-codified law, where spouses had creative scope.
The personal decisions in marital agreement included mainly decisions about parenting, religion or an agreement about the place of residence. The custody often was transferred completely to the wife. The spouses also settled agreements about support and education of the children in case of their divorce or agreed about contractual penalties if for example one of them refused the performance of matrimony.
Hattenhauer states that there are good grounds to consider the German model as a Christian model. In comparison between the Roman and Jewish model on one side and the Christian model on the other side you will find that the most important difference is that the church never stabilized marriages by using financial transactions. As the Christian model of marriage, the holy sacrament, can never be dissolved, and assets were not necessary to enter one, this model didn't need financial transactions. In addition to that, social classes were not important at all, and even poor people or slaves could enter a marriage.
According to the Roman model the limits of contractual freedom only were the compulsory law and morality. The various effective laws in former times gave the spouses different kinds of creative freedom. The "Preussische Allgemeine Landrecht" from 1794 hardly contained hardly any regulation about marital agreements, but regulated everything regarding the marriage itself. The "Saechsische Buergerliche Gesetzbuch" from 1863/1865 regulated everything in great detail.
All those regulations described as what is today known as the principle of morality, § 138 BGB (Buergerliches Gesetzbuch, the German Civil Code). According to the institutional character of a marriage as an ideal in the 19th century, a marriage rather was a moral than a legal phenomenon. Morality was then the most important limit on the freedom of contracts. In those times it was therefore determined in a very detailed manner what kind of agreements were void because of immorality: any agreement in which the spouses:
- assigned the wife to the husband's power
- waived matrimony, sexual intercourse and joint residency
- waived the obligation of reciprocal care-taking
- excluded any litigation regarding marriages
- took away the husband's benefits from the wife's financial contribution such as the dowry
- adjourned the maturity to make the dowry to a date after the dissolution of this marriage
- conceded the other spouse the right of adultery or criminal behaviour
- limited the husband's liability to administrate the wife's dowry
An agreement was also void when it deprived the surviving wife of her property and gave it to the husband's relatives after his death. In those times, people nonetheless believed that the above-listed limits gave the spouses enough contractual freedom.
According to Hattenhauer the end of this type of marital agreements came with the creation and effective date of the BGB (Buergerliches Gesetzbuch, i.e. the German Civil Code) in January 1900. From that time on, a marital agreement was defined as a contract which only determines the system of marital property. It did not determine any other kind of financial or personal matters. The 1901 book of annotations, Planckscher Kommentar, stated that a marital agreement is a contract used by spouses to determine their system of marital property. On the negative side you can not understand it as a contract which determines personal matters such as the wife's obligation to follow her husband or the decisions about parenting, etc. Whether such agreements are valid and can be enforced depends on their accordance with the nature of marriage and morality. However, such agreement is not a marital agreement pursuant to § 1432 BGB.
From that time on, people didn't acknowledge agreements about any personal matters anymore, even if they had done so in a tradition of hundreds of years. According to Hattenhauer the annotation shows the skeptical understanding of the validity of such contracts very clearly, because it points out the fact that such contracts had to be in accordance with the nature of a marriage. Because the BGB was understood as defining the nature of marriage in those times, consequently every agreement about personal matters was void, because it differed from the model described in the BGB.
The annotation to the first draft of the BGB had the same understanding:
"The draft acknowledges the principle of contractual freedom. However, it also points out the limits of contractual freedom. An agreement can only be valid as long as is not in contradiction to the nature of marriage. Agreements about the regulations regarding the marital status of spouses such as e.g. their legal relationship are void in general because those regulations are the necessary essence of marital relationships."
By citing Art. 199 EGBGB (Einfuehrungsgesetz zum BGB, the Introduction Act to the BGB) Hattenhauer reaches the conclusion that the German law in those times didn't favor such marital agreements anymore:
"The personal relations between spouses, especially their obligation to pay support, are determined by the regulations of the BGB, even if they concern a marriage before the effective date of BGB."
Hattenhauer believes that the purpose of this was to eliminate agreements regarding personal matters in general. In his opinion, therefore, The Marital Agreement by Albert von Baldigands (1906) was a fundamental book which pointed out that such agreements are no longer marital agreements.
Regarding this new legal understanding of marital agreements Hattenhauer cites two cases:
In 1900 a court had to decide about an agreement in which the husband agreed to have his place of residence at the wife's land property, and promised to cultivate the land. The wife sued the husband, and the court held that she had no right to demand performance of the agreement, because only the husband had the right to decide about the place of residency (pursuant to § 1354 BGB). It was also held that even if the agreement had been valid until the effective date of the BGB, it had become void.
In 1905 the courts had to decide again about a marital agreement made before the effective date of the BGB. In this case the husband had waived his right to administrate the wife's estate, and had waived his right to use it. In consideration of this, the wife had waived her right to receive support from her husband. The court held that a contractual waiver regarding support is void and that it did not make a difference if the wife's waiver was made freely or not.
From that time on it was case law, and the annotations stated, that all agreements about personal matters were void. They were not in accordance with the nature of marriage.
Hattenhauer says that one reason for this change in opinion about marital agreements and the mistrust against them might lie in the effort to create a uniform/homogeneous family and inheritance law. He argues that the authors of the BGB were proud that they had limited the former variety of 100 systems of marital property to only five. He therefore reaches the conclusion that it was only reasonable that nobody wanted to destroy this success and give the spouses their contractual freedom back.
The authors of the BGB were also convinced that they had created marriage as a "timeless and exhaustive institution," and that they had created a truly moral model of marriage with equal rights for wife and husband by upholding the traditional roles. This middle class model of marriage was regarded as exclusive. As marriage and family were the cornerstones of the middle class, Hattenhauer believes that this was the reason why the middle class didn't want to make any concessions for the benefit of the spouses' individual liberty, and the demand for contractual freedom only led to mistrust.
However, in this new model of marriage the husband still had to be afraid of losing assets by leaving his wife. The new system was still able to stabilize a marriage because of the continued existence of a very traditional social order and the principle of marrying within one's station.
Hattenhauer believes that this legislation would have been useless if the people's understanding of marital obligations of spouses had not been generally shared. He also believes that the model was secured by society's morality. He states that even socialists had the same opinion about sexuality, marriage, family etc. in those times. So he reaches the conclusion that the general moral understanding helped to make the courts find every agreement differing from the BGB void because of immorality.
According to Hattenhauer the acknowledgement of this model of marriage was also supported by society's unbroken trust in their assets. It was e.g. not immoral if the fathers-in-law sat down and started calculating the amount of the assets while the spouses just enjoyed their love. But only after two decades, in the 1920s, the trust in the assets, and the assets themselves, were melted away by inflation, so marriage-stabilizing couldn't be achieved by financial contributions anymore. Society was forced to look for new stabilizing techniques.
Hattenhauer states that from this time on a new "asset" for a wife to bring into the marriage was a solid vocational training, as a form of social security. People believed that this asset could not melt away even in times of inflation. The fact that both spouses were working turned out to be a stabilizing factor for marriage, especially regarding its psychological balance. Besides her dowry her vocational training now gave the wife stability even if she gave up her profession to become a housewife. However, even then, stability was still achieved by society's constraints and traditional case law.
Hattenhauer then describes the current status quo:
- marriage has lost its protection by law
- middle-class morality has lost its general prestige
- the number of divorces and the number of children of divorce who are skeptical of marriage have increased
- the model of an "emancipatory marriage" has replaced the middle-class model of marriage
- the stabilizing legal techniques such as "Zugewinn- and Versorgungsausgleich" (equitable distribution including property and pensions) can be abolished by marital agreements
- the loss of faith and trust in marriage made the concubinage more attractive
- the loss of the husband's responsibility for the wife's social security (because of her ability to work) has increased the marriage-age of wives, reduced the number of children born into the marriage, and increased the number of disabled children.
According to Hattenhauer the traditional middle-class model of marriage has no binding character anymore and the "emancipatory model" of marriage is a fad without a function. He believes that this pluralism of models cannot be resolved by giving one of them priority, and that the role of the law is reduced to setting only the frameworks for what might be binding and what might not.
Today, there are various answers regarding the question of what is legally binding, or what is the nature of marriage and therefore is protected by the Code's principle of morality (§ 138 BGB). Prof. Gernhuber, e.g., names various principles which he thinks are binding:
"[1] The principle to be free to enter a marriage, [2] that spouses make a contract by entering a marriage, [3] the principle of monogamy, [4] that marriage can only be between a woman and a man, [5] the spouses' obligation to live in matrimony, [6] that marriage can only be dissolved by death."
Hattenhauer asks what kind of legal techniques we need in our changed society today, if we see those principles as binding? As the traditional pre-1900 marital agreement, varying the standard obligations of marriage, is back and practiced again, he believes that it can be used as a stabilizing legal technique. The determination of personal and financial matters in those agreements can help to give marriages a more binding character than the law itself does. Hattenhauer states that the creation of various types of such marital agreements has already begun and will continue. Those new marital agreements still find their limits of contractual freedom in illegality (§ 134 BGB) and morality (§ 138 BGB).
Looking at spouses' considerations as they enter a marital agreement, you will find that hardly anybody has considered it as a stabilizing factor. You will also find that people haven't paid much attention yet to agreeing on personal matters, nor to agreeing about certain personal sanctions, in a marital agreement, in contrast to financial matters and financial sanctions. According to Hattenhauer the demand for individualized agreements and regulations is especially high. He states that personal matters included in agreements can be: the decision to have children and their raising, the decision who works and who does the household work, the place of residence, the things you do in your leisure time, holidays, relationships with relatives and in-laws, religious decisions, decisions about the procedure to solve conflicts or problems, etc. As each of his listed personal matters can cause a conflict and might destroy a marriage if it cannot be solved, he argues, spouses should agree in a marital agreement about those personal matters and should therefore also agree about sanctions to avoid conflicts and the dissolution of the marriage.
As the regulations in the BGB regarding divorce, and high costs, do not deter spouses from the decision to get divorced, Hattenhauer thinks that it might aid the stabilization of marriages if spouses could agree to limit their right to get divorced. He states that any useful suggestions on this are still missing, and people miss the mark by only agreeing about financial sanctions. Prof. Langenfeld suggested having different systems regarding the financial consequences of ending a marriage, distinguishing between ending because of divorce and ending because of death.
Even the BGH (Supreme Court) had already to decide about the use of assets for the purpose of marriage-stabilizing. A marriage entered in 1976 in a mosque in Munich between Islamic spouses included an agreement about a payment in the amount of 100.000 DM in case of getting divorced. The BGH held that the agreement is valid under the freedom of contract. Thus, it was held that agreeing about financial sanctions in case of divorce is valid. It was also held that this was not a contract about the system of marital property, and therefore it did not have to be in one specific form (such as for example under § 1410 BGB).
But no courage to make such decisions on personal matters can be found yet. Hattenhauer asks why we go about this complicated detour by using only financial sanctions to encourage the continued existence of marriage. Don't we exclude from the opportunity of contractual stabilizing those spouses who don't have considerable assets to lose? Why isn't it possible to let all couples stabilize their marriages by using clear and formulated clauses? He hopes that the lawyers will improve upon this opportunity.
Then he comes back to his contested thesis about the possibility to waive the right to get divorced. First of all he states six theses:
Agreements regarding personal matters are valid and find their limits in the general limits of privatization in civil law.
A limitation or waiver of the right to get divorced is valid because it is not prohibited by law nor immoral or unconstitutional.
Agreements about arbitration and any other models for solving conflicts are valid and legal
Although entering or leaving a marriage has to comply with a certain form, agreements limiting the ability to get divorced do not.
An agreed limit on the ability to get divorced can be revoked by agreement at any time.
A court should determine the immorality of an objection regarding the waiver of the right to get divorced in a trial, in which the invalidity of the agreement has to be proved by the petitioner.
The train of thought is again, for example:
Wife and husband, both Catholics, want to get married and want their religion to become legally effective (in addition to the official governmental ceremony). Using Privatization in order to express their religious beliefs, the couple creates a marital agreement that they will not get divorced. In addition the agreement states that any litigation of marital issues will be decided by means of arbitration and the arbitrator shall be an ecclesiastical judge.
If the spouses then get into conflict there are two choices: Both agree to change the marital agreement, revoke their waiver and both can move the court for a conventional divorce. That means that nobody can jump out of the marriage hastily. If the other spouse refuses to agree about the change of the marital agreement the spouse will then move the court to decide. But the Respondent can make the objection that the court has no jurisdiction because of the agreed clause regarding arbitration. If the respondent moves to the court of arbitration, he or she will be forced to find a mediated solution. If there is no arbitrated solution the arbitrator will dismiss the motion to get divorced because of the agreed waiver. The Petitioner can appeal by citing § 1041 Nr. 2 ZPO and proving the immorality of the Respondent's objection regarding the waiver. Finally, the way out of a marriage should never be absolutely excluded as the last solution, but the way out should be restricted. This complies with the principle of tolerance and pluralism.
It is now necessary to show what sort of model of marriage will be more successful. In open concurrence to the already existing variety of dangerous and insecure models of concubinages, we will have a variety of secure marital agreements in which the demand for stability and the waiver of the right to get divorced will find their place. It will be personal self-fulfillment instead of being kept in leading strings by the government: In dubio pro libertate! [Meaning, in all cases that are in doubt, rule in favor of freedom. In English law, stated as "in statu dubio semper erit pro libertate iudicandum". Bracton, f. 191 b]
Posted at 12:20 PM in Agreements, Constitutional Law, Divorce Grounds, Family Court Reform, History, Inheritance, Wills and Trusts, International Law, Legislation, Marriage, Mediation, Premarital agreements, Religion, Separation, Support | Permalink | Comments (0)
"Everything the Media is WRONG about in Kelly Rutherford Custody Case" on the Divorce Matters Blog
Posted at 11:40 AM in Child Abduction, Child Custody, Current Affairs, International Law, Jurisdiction, Media | Permalink | Comments (0)
Shocked by cheerfully ignorant, arrogant decision-making? Not if you've seen a judge learn family law on the job.
There was a lot of interest on social media in Jesse Singal's analysis of how President Trump deals quickly and authoritatively with issues he admittedly knows nothing about. Singal was thunderstruck at how monstrously dangerous it was to have major decisions made in cheerfully-admitted ignorance, by what the decision-maker thinks is simple common sense. But as a family law attorney, I really couldn't tell any difference between the President's performance and watching a judge who's new to Family Law, trying to puzzle out why the law seems to want both parents involved in a child's life after a breakup, why unwed fathers have the few rights they do have, etc. Or what the Hague Convention on child abduction is for, and what in the world is wrong with a mom taking her children halfway around the world just to get them far away from the father. Or the times I've watched Supreme Court Justices do the same thing as they debate the Hague Convention, or paternity law, assume the validity of wildly wrong speculations about what happens in custody litigation, and snort with equal contempt at the parents in these cases and the Congress that passed such seemingly pointless laws and treaties. Even experienced trial judges sometimes just reinforce their bias and irrational rules-of-thumb over time.
Here's the Trump version of this routine:
SHERIFF AUBREY: And the other thing is asset forfeiture. People want to say we're taking money and without due process. That's not true. We take money from dope dealers —
THE PRESIDENT: So you're saying – okay, so you're saying the asset-taking you used to do, and it had an impact, right? And you're not allowed to do it now?
SHERIFF AUBREY: No, they have curtailed it a little bit. And I'm sure the folks are —
THE PRESIDENT: And that's for legal reasons? Or just political reasons?
SHERIFF AUBREY: They make it political and they make it – they make up stories. All you've got to do —
THE PRESIDENT: I'd like to look into that, okay? There's no reason for that. Dana, do you think there's any reason for that? Are you aware of this?
[Then-acting Attorney General Dana Boente]: I am aware of that, Mr. President. And we have gotten a great deal of criticism for the asset forfeiture, which, as the sheriff said, frequently was taking narcotics proceeds and other proceeds of crime. But there has been a lot of pressure on the department to curtail some of that.
THE PRESIDENT: So what do you do? So in other words, they have a huge stash of drugs. So in the old days, you take it. Now we're criticized if we take it. So who gets it? What happens to it? Tell them to keep it?
MR. BOENTE: Well, we have what is called equitable sharing, where we usually share it with the local police departments for whatever portion that they worked on the case. And it was a very successful program, very popular with the law enforcement community.
THE PRESIDENT: And now what happens?
MR. BOENTE: Well, now we've just been given – there's been a lot of pressure not to forfeit, in some cases.
THE PRESIDENT: Who would want that pressure, other than, like, bad people, right? But who would want that pressure? You would think they'd want this stuff taken away.
SHERIFF AUBREY: You have to be careful how you speak, I guess. But a lot of pressure is coming out of – was coming out of Congress. I don't know that that will continue now or not.
THE PRESIDENT: I think less so. I think Congress is going to get beat up really badly by the voters because they've let this happen. And I think badly. I think you'll be back in shape. So, asset forfeiture, we're going to go back on, okay? I mean, how simple can anything be? You all agree with that, I assume, right?
Watching Donald Trump Try to Puzzle Out What 'Asset Forfeiture' Means Is Deeply Discomfiting
By Jesse Singal in New York Magazine
See also, for example,
Study: Judges interpret legal precedent mostly based on parties' personalities, & won't admit it.
How Bias Actually Works -- Everywhere, Even in Family Courts
Supreme Court silently ignores clear text of Indian Child Welfare Act, "needlessly demeans parenthood"
On First Looking Into Posner's Opinions, and Finding One Where He Didn't Exactly Hit a Homer
Posted at 01:34 PM in Advice, Child Abduction, Child Custody, Criminal Law, Current Affairs, Family Court Reform, International Law, Jurisprudence, Paternity | Permalink | Comments (0)
It's not a "right to custody" -- here's what the Saudi justice minister actually decreed
The headlines are misleading, but the truth behind them is strange and elusive, from a Western perspective. A "right to custody" has appeared in headlines on CNN, in Khaleej Times, and in news links circulated on social media. That wording, at least the way it would commonly be understood in the U.S., is completely wrong.
Just as divorced or separated parents in the U.S. do, Muslim Saudi women who get divorced, or whose children later reach the age for living with their fathers, have the right to ask a court to decide who gets custody, and to have the court consider the case.
What is new this month is apparently a procedural reform: IF the parents have no disputes on child-related issues, the mother can get custody by filing an application with the court, instead of going through a full-scale court case. The Justice Minister's circular says, in part:
A mother may submit a probate application to the competent court for certifying her custody of her children, provided she signs an acknowledgement that there were no existing disputes ...
For granting custody to a mother, the judicial panel considers her capacity for custody and then determines her application in accordance with Sharia and legal requirements, without the need for initiating a lawsuit, as is the case with all probate certifications indicated in Chapter 13 of the Law of Civil Procedure.
-- quoted in "Saudi mothers can now retain custody of children without filing lawsuits" by Habib Toumi in Gulf News
Almost all the news stories include that key phrase, "provided there are no disputes," but the headlines and lead sentences, and indeed the rest of the wording of each article, totally ignore it, as if it were a technicality or an unthinkably rare and meaningless exception. This is as bad as the reporting on no-fault divorce laws or covenant marriage laws -- blowing up changes to sound far more drastic than they are, by making crucial exceptions sound like meaningless recitations, and naively ignoring or belittling the role of agreements and disagreements between divorcing spouses.
There is no change in favor of foreign or non-Muslim women, as far as I can tell.
Other substantive changes the Minister announced:
The circular also gives the mother the right to carry out all formalities related to her children at government departments, embassies, education offices and schools, and to apply for and collect her children's passports.
She will also be able to collect all child support and maintenance from government and civil entities, but may not travel with her children outside the Kingdom without a judge's permission.
-- "Divorced Saudi mothers win new rights to child custody" by RUBA OBAID in Arab News
To see what this is a change from, here is what looks like the most up-to-date background on child custody in Saudi courts:
"THEMATIC REPORT ON MUSLIM FAMILY LAW AND MUSLIM WOMEN'S RIGHTS IN SAUDI ARABIA," report to CEDAW, February 2018, by Musawah: For Equality in the Family
Posted at 09:09 AM in Child Custody, Current Affairs, Family Court Reform, International Law, Media | Permalink | Comments (0)
How to do unbiased, informed, competent coverage of a custody story
We started this blog because of journalism's abysmal failure to exercise basic skepticism, objectivity and diligence when covering family law, and especially hotly contested cases about children. So we are delighted to give credit where credit is due. This story reports the good and bad about both parents, but only as far as it goes, without making assumptions or just buying one parent's story wholesale. And yet it still tells you enough that you feel you know the story as well as anyone who wasn't involved in it could, but with a healthy recognition of, and respect for, the unknowns.
Colorado International Child Custody Battle Nears End
By Jacob Maslow in The Global Dispatch
-- Just one thing: "Custody Battle Nears End" is so often premature. Besides all the appeals, etc. that people can do in any court case, people can go back to court, claiming that something's changed, until the child turns 18. A few people will keep fighting after that, over collection of fee awards, disabled adult children, and other unusual issues.
Posted at 09:41 AM in Advice, Child Abduction, Child Custody, Child Relocation, International Law, Media | Permalink | Comments (0)
Parents who cut other parent out of child's life are losing custody
In some cases, it's pretty simple. The child will still have two parents if one parent gets primary custody, but not if the other parent does. That factor does not outweigh some even more horrible things that sometimes happen to children, but it outweighs most other factors such as which parent and which home does some parenting tasks better, or is what the child is already used-to.
The Australian judge and lawyers in the story below described such a move as "drastic". But it's not that drastic, in my experience in the U.S. Changing custody requires first, a relevant, material change of circumstances, and then a wide-open evaluation of what's in the child's best interests under current conditions. That should include: what example do the parents set for the children about how to treat other people and what to prioritize? Should the children learn that alienating, vicious, deceptive borderline-personality behavior works to meet one's goals? Is it healthy for a parent to lie to kids about the other parent to manipulate their emotions? And most important of all, is it better to grow up with two parents, or one manipulative, shortsighted, selfish, immature parent?
One big caveat: When there are abuse accusations, the time to diagnose and counteract parental alienation is AFTER investigating and resolving the abuse issue. And alienation, likewise, should be proven before it's punished. Fortunately, in most cases it's obvious and the alienating parent doesn't try hard to hide it, and may even proclaim it.
Judge takes girl away from selfish mum and gives her to dad in custody battle
BY KAY DIBBEN in THE COURIER-MAIL, NOVEMBER 29, 2014
Subtitle: SELFISH separated parents who try to stop their children having a relationship with their former partners are having the kids taken off them by courts.
Caption: This is a warning that parents need to be child-focused in every parenting decision they make and not self-focused, says family law specialist Deborah Awyzio.
Posted at 11:32 AM in Advice, Child Abduction, Child Custody, Child Relocation, Family Court Reform, International Law, Mental Health, Visitation / Parenting Time | Permalink | Comments (0)
Cruel realities of "parental" child abduction, 34 years later: stolen from one parent, abandoned by the other
This horrifying story has several elements that I have seen in my parental child abduction cases over the years. Especially, (1) the child was told that the left-behind parent had abandoned him, and (2) the child soon ended up without either parent. As I've seen in many cases, once the abductor has managed to deprive the other parent of the child, he or she loses interest, other priorities intervene, and the child is left with relatives, friends, or worse.
Man surfaces at San Diego church 34 years after abduction to Mexico
BY MARTY GRAHAM - Reuters
Posted at 11:55 AM in Child Abduction, Child Custody, International Law | Permalink | Comments (1)
Queen officially enacts same-sex marriage law; churches & celebrants not forced to cooperate
SAME SEX MARRIAGE BILL RECEIVES ROYAL ASSENT
"... The first same sex wedding could take place by as early as summer 2014. The legislation will introduce civil marriage for same sex couples, and enable religious organisations to opt in to conduct same sex marriages if they wish to do so. The Act includes provisions intended to protect religious organisations and individuals from being forced to conduct same sex marriages.
"The Act will also enable civil partners to convert their partnership to a marriage and would enable married transsexual people to gain legal recognition in their acquired gender without having to end their marriage. However this will follow later than summer 2014 as it will take government departments longer to implement all the necessary processes. ..."
Posted at 03:39 PM in International Law, Legislation, Marriage, Religion, Same-sex | Permalink | Comments (0)
First gay-marriage green card approved; gay spouse deportation halted
A gay spouse has already been approved for a two-year conditional green card based on the partial overturn of DOMA , and another has had his deportation halted, Huffington Post reports.
Posted at 11:35 AM in Constitutional Law, Immigration, International Law, Marriage, Same-sex | Permalink | Comments (0)


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redpajama_set_name: RedPajamaCommonCrawl


text:
SPECIAL EVENT: Sign up for a FREE wedding at Chase Field! Click here.
Welcome To The Justice Courts of Maricopa County
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About the Justice Courts
I Want To Find Legal/Community Resources
The Justice Courts of Maricopa County do not specifically endorse the below services. The providers on the list are not agents of the court and all services and activities of these organizations are conducted independently of the court.
All arrangements for appointments, cancellations, termination of service, and other related matters of service quality and delivery are between the provider and the client. All discussions of fees for services, determination of specific fees, written agreements on fees to be paid are the responsibility of the provider and the client. The Court does not and will not determine the appropriateness of any fee for service.
Any service provider may submit a request to be added to this list. Before using any of the below organizations, you should use due diligence to research the service provider. The Court assumes no responsibility for the quality of the professional services of these providers and is not responsible or liable for any aspects of the service delivery.
State Bar of Arizona
For free lists of certified specialists in the areas of:
Injury and Wrongful
Business Law Death
Worker's Comp Law
Probate and Trust
(Guardianships, Conservatorships and Wills)
https://www.azbar.org/for-the-public/public-service-center/
Arizona Department of Housing - Rental and Eviction Assistance
The goal of the Arizona Department of Housing is to create, preserve and invest in affordable housing; protect consumers; and revitalize communities. ADoH focuses on assisting Arizona's most vulnerable populations who, through no fault of their own, are challenged with finding decent, suitable housing. The Department partners with counties, cities, towns, tribal governments, local housing authorities, non-profit social service agencies, and for-prfit and non-profit housing developers
https://housing.az.gov/general-public/rental-assistance-resources-eviction-prevention
Community Legal Services
Community Legal Services (CLS) provides legal assistance, advice or representation, self-help materials and legal education so people can know their rights. They focus on helping survivors of domestic violence; assisting victims of consumer fraud and abuse, protecting tenants from unlawful/unfair practices by landlords, foreclosures, legal problems affecting agricultural workers, wage claims and other employment matters, and federal and state programs affecting peoples' health and economic stability.
https://clsaz.org/apply-for-services/
Maricopa County Lawyer Referral Service
You pay only the $40 referral fee (or nothing if it's a personal injury or workers' comp matter) for a consultation. Any additional legal services you may require beyond the 30-minute consultation is deter-mined by you and the attorney.
http://maricopalawyers.org
Superior Court - "Unbundled" Legal Services
Traditionally, lawyers are hired to represent a client from the start of a case to the finish. However, some lawyers "unbundled" their legal services, allowing clients to hire them for singular tasks, which can be useful for litigants representing themselves.
http://www.superiorcourt.maricopa.gov/SuperiorCourt/FamilyCourt/Rosters/Attorney/lawMap.aspx
Superior Court Law Library
Forms provided for: Divorce, Orders of Protection, Requests for Hearings, and Injunctions Against Harassment. Listing of DR mediators and their fees, and other information. Listing of attorneys and fees for providing brief advice and limited services.
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
Maricopa County Community Services
The Community Services Division helps families weather difficult circumstances to restore emotional, social, and economic well-being. The Community Action Program works to make this a reality by providing essential utility and rental assistance.
https://www.maricopa.gov/3787/Community-Services
2-1-1 Arizona
Thousands of listings of government, social, and self-help support groups serving Maricopa County.
https://211arizona.org/
Civil Litigation Clinic:
The clinic addresses matters of Consumer Fraud/Breach of Contract, which may be appropriate for Justice Court. Issues which would be filed other courts include Employment, Unemployment Appeals, Wage Claims and general Tenant's Rights (but no evictions). We accept cases until full each semester usually in July, August and September and December, January and February but additionally when we have space available.
You may email questions to lawclinic@asu.edu or use this online application to begin the process.
Law for Seniors
You have reached your "golden years" or your parents have reached theirs. You are not alone.
The Arizona Bar Foundation sponsors counseling and other services for older adults who need assistance with civil law, housing, debt, health care, wills and estates, and other legal needs.
http://www.lawforseniors.org
Elder Hotline
The Elder Law Hotline is for residents over 60 years of age who have a legal question for a lawyer. The Hotline, sponsored by the Arizona Supreme Court, is available Monday through Friday, 8 a.m. to 5 p.m.
Modest Means Project
The Modest Means Project is a partnership program from the Arizona Foundation for Legal Services & Education and the State Bar of Arizona. The Project provides low-cost legal assistance to individuals who do not qualify for free legal services, but cannot afford the expertise of attorneys at the standard rate.
https://www.azflse.org/modestmeans/
Arizona Center for Disability Law
The Arizona Center for Disability Law advocates for the legal rights of persons with disabilities to be free from abuse, neglect and dis-crimination and to gain access to services, maximizing independence and achieving equality.
http://www.azdisabilitylaw.org
Probate Lawyers Assistance Project (PLAP)
This is a pro-bono program that provides free legal advice to eligible low income individuals who need assistance with Probate Court matters. You must make an appointment to be seen.
http://www.maricopabar.org/?page=PLAP
Friendly House - Immigration Services
Friendly House is a multi-service organization with wide-ranging programs aimed at addressing the pressing needs of our diverse community: Education, Workforce Development, Family Support, Basic Needs and Immigration.
They can provide free legal consultations and workshops to individuals with immigration needs.
http://www.friendlyhouse.org/immigration
Tele-Law
Taped recordings on various areas of law.
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Development of a method and algorithms of automatic recognition of stages of a dream and construction gipnogrammy: the thesis... A Cand.Tech.Sci.: 05.13.17, 05.11.17 / Zaharov Evgenie Sergeevich; [a protection Place: Juzh. feder. Un y]. - Taganrog, 2008. - 168 p.: silt.
Development and research of parallel circuits of digital processing of signals on the basis of minimisation of time complexity of functions evaluation: the thesis... A Cand.Tech.Sci.: 05.13.17, 05.13.18 / Aksajsky Love Nikolaevna; [a protection Place: Juzh. feder. Un y]. - Taganrog, 2008. - 180 p.: silt.


Controllers are your interface to games and some have chosen console purchases purely on the controller design. After shipping 2 years ago, the Xbox controller is widely considered as a massive success, with its solid feeling in the hand, easy access to thumbsticks for over movement and rumble in the controller.
The good news for Xbox fans is there's a new option. Xbox engineers have thought long and hard, looked at the feedback and considered what would make the controller for the Xbox One even better. The answer of course is customisability. All gamers are different. We use different techniques and strategy inside the same game, as well as play very different titles where you'd love to be able to configure your controller setup to adapt to each environment.
To achieve this, Microsoft have created a controller that's more a template, than a final design. The controller platform is built on magnets and before you start to be concerned, let me reassure you, the magnets are strong, so strong you're never at risk of the components detaching. I'm talking about turning the control upside down and shaking as hard as you can. Equally impressive is how simple it is to replace components.
So let's talk about customisability. With the Xbox Elite controller, you have the ability to substitute thumbsticks, plus pad and add 4 rear triggers. This actually provides an unprecedented number of inputs, not only that, but there's a hardware switch that lets you easily switch between 2 pre-sets. These pre-sets also allow for complete sensitivity adjustments for all the standard controls like triggers, thumbsticks and my favourite, the backlight level of the Xbox button.
This is the closest console gamers have ever come to the customisability available on PC. One important limitation of the Elite controller is that while buttons and triggers can be remapped to suit your preference, you can't create macros. As it stands right now, there is now update required by game developers to support the new controller. This is both a blessing and a curse. The great part is the controller works with all your games straight out of the box, the bad part is no macros.
Macros are a way of stringing together a combination of commands that get you through a multi-step controller function with a single button press. Take the recent Rise of the Tomb Raider game for example. You're running around with the shotgun as your weapon, but to switch to your crossbow and use explosive arrows, it's at least 3 buttons to do so, and crafting new explosive arrowheads is even more. Imagine the game understood you had an Elite controller with more buttons than the standard, you in theory should be able to map one of those buttons to switch to your crossbow and cycle through your arrow heads to find the explosive ones, being ready to fire in a heartbeat.
If the Elite is popular enough we may see game developers detect the controller is present and provide options to map the extra functions to new capabilities and even macros. This will create a divide between those who have the Elite and those who don't, but that's what you're buying for the extra money, is an advantage, faster, more responsive, more precise and certainly more adaptable controller.
The Xbox Elite Wireless controller for the Xbox One costs significantly more than a regular controller at an RRP of A$199.95. If don't have an Xbox One, you can get an Xbox One Elite Bundle for A$599.00 that comes with an Elite controller instead of the standard one as well as a 1TB Hybrid drive.
At the time of writing the Xbox Store is out of stock and the only other supplier, EB Games still has it listed as pre-order. If you're in love with the Elite controller, you may find it a challenge to get before Christmas, but then again if you do find one for a gaming friend, then it'll be an extra special present.
Overall the Elite controller is a great option for serious gamers and the engineering that went into making this happen should be applauded. For casual gamers, its most definitely overkill, but if you're someone who constantly receives complaints from loved ones that you're spending too long gaming, then you should definitely consider getting the Elite.


text:
/* Copyright (c) 2011 The Chromium OS Authors. All rights reserved.
 * Use of this source code is governed by a BSD-style license that can be
 * found in the LICENSE file.
 */

#ifdef AVB_INSIDE_LIBAVB_H
#error "You can't include avb_rsa.h in the public header libavb.h."
#endif

#ifndef AVB_COMPILATION
#error "Never include this file, it may only be used from internal avb code."
#endif

#ifndef AVB_RSA_H_
#define AVB_RSA_H_

#ifdef __cplusplus
extern "C" {
#endif

#include "avb_crypto.h"
#include "avb_sysdeps.h"

/* Using the key given by |key|, verify a RSA signature |sig| of
 * length |sig_num_bytes| against an expected |hash| of length
 * |hash_num_bytes|. The padding to expect must be passed in using
 * |padding| of length |padding_num_bytes|.
 *
 * The data in |key| must match the format defined in
 * |AvbRSAPublicKeyHeader|, including the two large numbers
 * following. The |key_num_bytes| must be the size of the entire
 * serialized key.
 *
 * Returns false if verification fails, true otherwise.
 */
bool avb_rsa_verify(const uint8_t* key,
                    size_t key_num_bytes,
                    const uint8_t* sig,
                    size_t sig_num_bytes,
                    const uint8_t* hash,
                    size_t hash_num_bytes,
                    const uint8_t* padding,
                    size_t padding_num_bytes) AVB_ATTR_WARN_UNUSED_RESULT;

#ifdef __cplusplus
}
#endif

#endif /* AVB_RSA_H_ */

redpajama_set_name: RedPajamaGithub


Poet James Kimbrell was born in 1967 in Jackson, Mississippi. He received his master's degree from the University of Virginia and his doctoral degree from the University of Missouri at Columbia. He studied at the Center for Writers at the University of Mississippi.
In 1998, he was awarded a Ford Foundation Fellowship for research and team-teaching of Philosophy of Religion and Introduction to Religious Studies at Millsaps College. He is a prize-winning poet and translator and was a Grisham writer-in-residence at the University of Mississippi and a panelist for the 16th annual Oxford Conference for the Book.
His book, The Gatehouse Heaven, was awarded the Kathryn A. Morton Prize. He has received the Whiting Writers' Award, the Ruth Lilly Award, the Nation Award, a Ford Foundation Fellowship, two Academy of American Poets awards, and a National Endowment for the Arts Individual Artist Fellowship in poetry. More of his awards are listed on his Florida State page.
Kimbrell is an Associate Professor at Florida State University.


text:
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Ever see what ladies' most loved discussion themes are? They veer from expectations and desires to motion pictures and amusement. What else does she get a kick out of the chance to discuss?
A lady relies on upon other ladies by discussing her expectations and yearnings – what she might want to do encourage for herself and family and what stuff she might want to have. She discusses how that would profit her and her family.
A lady has maybe a couple incredible pastimes, for example, experimental writing, cooking uncommon menus, planting, singing and others. She jumps at the chance to hold discussions on these-that she is so devoted to these pastimes and how that would affect her life.
Ladies have many dreams, for example, finding the ideal perfect partner, having youngsters and family, landing a decent position, voyaging abroad and so on. She healthily discusses these to her companions and feels settled.
Ladies like music as much as men do. Regardless of whether they are established, shake or blue grass music, they will play them and sing with them and have some good times as solo or a gathering. They do jump at the chance to converse with their companions about how they delighted in hearing some music.
When ladies wind up plainly twenty, they start to seek after discovering their optimal perfect partner. They get a kick out of the chance to invest energy in the organization of folks and have sentiment with those they truly are pulled in to. Yes, they appreciate having delight with folks. By thirties, they as of now discover somebody of their decision and they long for getting hitched. Some of the time they turn out to be excessively profession arranged and defer their marriage until their forties. Be that as it may, they do pine for to have some sentimental minutes throughout their life from the beginning. These are what progressed toward becoming piece of their discussions with their woman companions.
Ladies get a kick out of the chance to be companions with similar individuals as much as men do. They will have both woman and fellow companions and as they make new companions, they get a kick out of the chance to acquaint them with their old companions and develop their group of friends. A few ladies will be thoughtful people and like to have only a few companions. That is alright the length of they don't get exhausted and additionally appreciate life in one way or the other. Be that as it may, independent ladies additionally get a kick out of the chance to converse with one companion about whatever is left of her couple of companions.
At the point when ladies can take some get-away from their work, they do get a kick out of the chance to visit their urban areas and past. They want to travel abroad and increase new bits of knowledge about the way of life and social orders of different nations. While they do these, they jump at the chance to keep their companions refreshed with what information they have picked up in regards to their ventures.
Ladies love to watch motion pictures in DVD's or even at the theater. They jump at the chance to watch with loved ones. What's more, they jump at the chance to babble about them with relatives and companions.
Different types of excitement she prefers are the youngsters' stop, lengthy drives with family, volunteering for her group and some other fun action so far as that is concerned. What's more, she cherishes to refresh different companions with these stories.
Summing up, those are a portion of the points ladies would truly impart to others for a decent discussion and get the magic of life.


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To Help Stop Illegal Fishing, Governments Should Leverage Port State Measures Treaty Tools
Funding and related assistance programme could help developing nations improve fisheries sustainability
Article June 1, 2021 By: Peter Horn & Katherine Hanly Read time:
Projects: International Fisheries & Ending Illegal Fishing
Aerial view of Tripoli Harbour, Libya.
The United Nations Food and Agriculture Organization's (FAO) Port State Measures Agreement (PSMA) is the first legally binding international agreement targeting illegal, unreported, and unregulated (IUU) fishing, which accounts for billions of dollars' worth of seafood each year. The treaty, which requires Parties to strengthen port controls to prevent IUU-caught fish from reaching the market, is also an effective tool for helping build capacity among developing States to deter and prevent illegal activities. At the Third Meeting of the Parties to the Agreement, which will be held (virtually) in Brussels from 31 May to 4 June, governments and other stakeholders will focus on how capacity building can further improve existing enforcement efforts and intergovernmental cooperation to keep illegally caught fish from supermarket shelves.
A key point for discussion at the meeting is the effectiveness of the existing PSMA Assistance Fund and the related global capacity development programme, which provide developing States with funding and support for continued implementation of already successful initiatives, such as port control procedures. Parties will consider if the fund and programme, as they are currently structured, meet the needs of developing States.
Parties should give careful thought to how donor and recipient States cooperate, and should work to ensure that funds are invested where they provide the most benefit to developing States' efforts to curb illegal activity and enforce controls. It is imperative that the FAO ensure that the fund and programme are unconditionally focused on sustainable development of State interests and legitimate fisheries—not linked to third-party trade or fishing licensing arrangements that all too often have negative conditions for the beneficiaries, such as when governments offer aid in exchange for more fishing rights in the recipient's waters. PSMA Parties should view this assistance as a long-term commitment to better support an enduring effect.
Considerations for the future of the PSMA Assistance Fund
Commercial and artisanal fishing supports livelihoods and security in many developing States, and foreign aid is often aimed at securing sustainable fisheries. The PSMA Assistance Fund and the global capacity development programme could, and should, be integral parts of using fisheries as a mechanism to alleviate food insecurity and help States build and develop better infrastructure and expertise—particularly at ports—with an eye toward long-lasting benefits. Stability in this aid would also promote greater employment, reduce volatility in government budgets, and ensure the long-term support for fisheries.
In addition, as scientific evidence of the vulnerability of fisheries to overfishing and climate change grows, analysis suggests that decision makers around the world must do more to achieve the U.N. Sustainable Development Goals and secure ocean health. Improving oversight and inspections will play a key role in successful fisheries management and in enforcing science-based catch limits and practices. The PSMA Assistance Fund and programme could prove important tools in helping developing nations close management gaps and end IUU fishing.
As the Parties to the PSMA consider the future of assistance funds and take stock of their available mechanisms, they should work to ensure that governments commit capacity development aid for the long term, manage it more strategically than other funds have been managed in the past, and base it solely on sustainable and equitable management of fisheries. The PSMA Assistance Fund and the global capacity development programme—and foreign aid as a whole—can help States limit IUU activities in their waters and by their fleets, and keep illegally caught fish from ending up in their ports. To be most effective, these tools should be applied in an open and timely way to those countries that need them the most.
Peter Horn is the project director and Katherine Hanly is a manager with The Pew Charitable Trusts' international fisheries project.
Peter Horn Project Director
Article September 24, 2020
New Tool Helps Evaluate Risk of Illegally-Caught Fish
A new interactive tool from The Pew Charitable Trusts can help maritime and fisheries authorities and seafood buyers determine where in the world illegally-caught seafood is most likely to enter the market.
Data Visualization September 24, 2020
Port Activity Study Reveals Illegal Fish to Enter Markets
Illegal, unreported, and unregulated (IUU) catch continues to enter world markets, accounting for up to $23.5 billion worth of seafood each year. To combat this illicit activity, the United Nations Food and Agriculture Organization Agreement on Port State Measures (PSMA) came into force in 2016 after it surpassed 25 ratifications.
Data Visualization October 31, 2018
Three Treaties to End Illegal Fishing
To support efforts to end illegal fishing, The Pew Charitable Trusts advocates for the harmonized implementation of three international agreements that seek to make it more difficult for unscrupulous operators to exploit gaps in national and regional fishing regulations.
Illegal fishing International policy Overfishing
International Fisheries Ending Illegal Fishing
Peter Horn


Code Vein, Bandai Namco's upcoming RPG, features a vampiric race known as Revenants who possess abilities called "Gifts." The Revenants have given up their memories in order to obtain these abilities, and must consume the blood of their enemies in order to sustain them.
Bandai Namco has released a number of new screenshots that display the post-apocalyptic dystopia that serves as the game's setting. Mia Karnstein and Yakumo Shinonome, two Revenants that you can team up with as you traverse the world, make appearances in the images as well.
Code Vein releases in 2018 for PlayStation 4, Xbox One, and PC. For more on Code Vein, check out the initial announcement and its reveal trailer.