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    This article examines the use of arbitration in wills and trusts as a method to honor decedents wishes. It explores the use of contracts drafted prior to the creation of a will or trust – referred to as a pre-drafting contract – as a method to allow for the inclusion of arbitration. The article also briefly discusses the use of in terrorem clauses – also known as disinheritance clauses – in wills and trusts. It suggests that in terrorem clauses can be detrimental and that the issues that can arise as a result of such provisions can be avoided by using pre-drafting contracts. Finally, the article suggests the benefits of using arbitration and pre-drafting contracts can include confidentiality, the ability to save time and money, and the ability to protect family relationships.


Tzena Mayersak
Tzena Mayersak M.S. received her Master’s of Science in Justice, Law, and Society from the American University in August 2006 and is a Candidate for Juris Doctor, Hamline University School of Law, May 2012.
Article

Good Governance

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords international cooperation, state administration, substate-level administration, steering non-governmental bodies, principles of Human-Rights-and-Rule-of-Law, democracy structures, procedures and manpower of administration
Authors Prof. Dr. Ulrich Karpen
AbstractAuthor's information

    “Good Governance” is a term used worldwide to measure, analyse and compare, mainly quantitatively and qualitatively, but not exclusively, public governments, for the purpose of qualifying them for international developmental aid, for improving government and administration domestically, etc.
    In Section A the use of the key term is explained more thoroughly; Section B lists goals and effects of governance from the international, supranational (European) and national perspective; Section C contains guidelines for governance as vested in constitution and law and Section D describes the main instruments and tools to work on better governance.


Prof. Dr. Ulrich Karpen
Prof. Dr. Ulrich Karpen, Faculty of Law, University of Hamburg.

Shami Chakrabarti
Shami Chakrabarti is Director of Liberty.
Article

Act of Parliament: The Role of Parliament in the Legislative Process

A Commonwealth Perspective

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords parliament, legislation, pre-legislative scrutiny, supremacy of parliament, delegated legislation, Uganda, legislative process
Authors Denis Kibirige Kawooya
AbstractAuthor's information

    Whereas making law is one of the principal functions of Parliament, Parliament plays a very limited role in the legislative process. In Uganda, like in many commonwealth jurisdictions due to the role the Constitution has given to Parliament, the legislature should take a more active role in the legislative process. The paper examines the legislative authority of Parliament, the concept of Parliamentary supremacy, pre-legislative scrutiny and whether Parliament should be involved in the scrutiny of delegated legislation.


Denis Kibirige Kawooya
Denis Kibirige Kawooya is a Senior State Attorney in the Ministry of Justice and Constitutional Affairs, Uganda, a member of the Commonwealth Association of Legislative Counsel, Uganda Law Society, East African Law Society and an Advocate of the High Court of Uganda.
Article

Legislative Drafting Tools for Stabilization Provisions and Economic Balancing Provisions

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords legislative drafting, stabilization, economic balancing provisions
Authors Linnet Mafukidze
AbstractAuthor's information

    The article outlines the problems with stabilization provisions in national oil or gas legislation with regard to the difficulty of governments to implement legislation to develop its economic, social and environmental regimes. It also seeks to provide a potential guideline for legislative drafters in order to address the problems wrought by stabilization provisions, in national oil or gas legislation, through the use of economic balancing provisions. The article further gives tools for legislative drafters to use when drafting economic balancing provisions.


Linnet Mafukidze
Linnet Mafukidze is a Senior State Counsel at the Attorney General’s Chambers, Botswana.
Article

Forum-Selection Clauses in Suborbital Space Tourism Contracts and EU Law

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Chatzipanagiotis

M. Chatzipanagiotis

Lilla Farkas
Lilla Farkas is a member of the Budapest Bar Association, holds an LLM from King's College, London and is a PhD candidate at Lóránd Eötvös University's Faculty of Law in Budapest, Hungary. She is collaborating with the Budapest-based Chance for Children Foundation and the Brussels-based Migration Policy Group. She serves as president of the Hungarian Equal Treatment Authority's Advisory Board and as a race (Roma) ground coordinator for the European Network of Independent Experts in the Non-Discrimination Field.

Christian Courtis
International Commission of Jurists, Geneva; Universidad de Buenos Aires.

Abiola O. Makinwa
Abiola Makinwa is a doctoral candidate at the Department of Private International and Comparative Law, Faculty of Law, Erasmus University Rotterdam. The author would like to thank Professor Nicholas Dorn for his comments on the first draft of this paper. The usual disclaimer applies.
Article

Regarding Formation of the International Space Private Law

Private International Law Regarding Space Activities

Journal International Institute of Space Law, Issue 1 2008
Authors M. Yuzbashyan

M. Yuzbashyan

D. Howard

Barbara Pozzo
Barbara Pozzo is Professor of private comparative law at the School of Law of University of Insubria, Como, Italy.

Ben Depoorter
Ben Depoorter is Associate Professor of Law, University Miami School of Law; Ghent University. The author is grateful to Allison Freidin for her exemplary research assistance.
Article

Export Control of Space Items in Europe: Legal and Political Constraints

The Impact of Outer Space Law on Regional Policies

Journal International Institute of Space Law, Issue 1 2007
Authors A. Bini

A. Bini
Article

Is There any Legal Regime for the Protection of the Moon's Environment?

New Legal Developments in the Protection of the Space Environment

Journal International Institute of Space Law, Issue 3 2007
Authors M. Hofmann

M. Hofmann
Article

In Defense of Advertising in Space

Other Legal Matters, Including the Relationship Between Government and Private Sector in Space Activities

Journal International Institute of Space Law, Issue 6 2006
Authors J.H. Huebert and W. Block

J.H. Huebert

W. Block
Article

The Brazilian Space Licensing Regulation

Other Legal Matters, Including Legal Aspects of Launch Services

Journal International Institute of Space Law, Issue 4 2002
Authors A. Stemler da Veiga

A. Stemler da Veiga
Article

World Space Congress: "Legal and Policy Factors"

Other Legal Matters, Including Legal Aspects of Launch Services

Journal International Institute of Space Law, Issue 4 2002
Authors T. Thorin

T. Thorin
Article

Launching Alcantara into the Global Space Economy: The 2001 Brazilian National Space Law

Other Legal Matters, Including Legal Aspects of Launch Services

Journal International Institute of Space Law, Issue 4 2002
Authors F.G. von der Dunk

F.G. von der Dunk
INTERSPUTNIK:

New Legal Developments

Recent Developments in the Law of Intergovernmental Organizations Dealing with Outer Space Matters

Journal International Institute of Space Law, Issue 3 1995
Authors M. Hosková

M. Hosková
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