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Article

Unification of General Contract Law in Africa

The Case of the UNIDROIT Principles of International Commercial Contracts

Journal European Journal of Law Reform, Issue 3-4 2011
Authors Stefan Vogenauer
AbstractAuthor's information

    The organizers of this conference kindly invited me to speak on the unification of general contract law and on one specific instrument in this area: the UNIDROIT Principles of International Commercial Contracts (‘PICC’).1xSee UNIDROIT International Institute for the Unification of Private Law, UNIDROIT Principles of International Commercial Contracts 2004, Rome, April 2004, available at <www.unidroit.org/english/principles/contracts/principles2004/integralversionprinciples2004-e.pdf>. I would like to use the 14 minutes allocated to my paper to touch on three issues. First, I will give a short overview of the PICC for those who are not yet familiar with this instrument. Secondly, I will look at the use of the PICC in legal practice. And thirdly, I will assess the potential of the PICC for making a contribution to the unification of general contract law in Africa. Overall, I can afford to be brief and limit myself to introductory comments because Ms Mestre of UNIDROIT will cover much of the ground in greater detail.

Noten


Stefan Vogenauer
Professor of Comparative law at the University of Oxford.

    Multinational Companies may result in culture clashes, incompatibility of Western corporate governance and legal resolution strategies. As one of the most successful joint venture models, the high-profile Danone/Wahaha dispute has been accelerated into a two-year legal feud against the infringement of the famous brand of WAHAHA across jurisdictions. The case represents a significant watershed which reflects the status quo of controversies over cooperation and competition in China. Under the current legal framework, Danone’s withdrawal would serve as a wake-up call for both foreign investors and Chinese companies in the dramatically increasing cross-border merger & acquisitions. The seminal case perfectly illustrates unwritten issues about public opinion, nationalism and the rule of law. Danone v. Wahaha has also been commonly conceived as a landmark case through which Chinese side may verify the fairness of the Western judicial system, while the European party may regard it as a touchstone for China’s investment environment as well as the specific sphere of contract spirit. It also offers myriad lessons, including the need for watertight contracts, IP rights, and international arbitrations.


Quingxui Bu
Dr. iur., LL.M. (Queen’s University).
Discussion

Access_open Democracy, Constitutionalism and the Question of Authority

Journal Netherlands Journal of Legal Philosophy, Issue 3 2010
Keywords international constitutionalism, democracy, international law, fragmentation, international politics
Authors Wouter G. Werner
AbstractAuthor's information

    This paper agrees with Walker on the existence of a tension between democracy and constitutionalism, but questions whether democracy and (international) constitutionalism necessarily depend on each other. While democracy needs constitutionalism on normative grounds, as an empirical matter it may also rest on alternative political structures. Moreover, it is questionable whether democracy is indeed the solution to the incompleteness of international constitutionalism. Traditional forms of democracy do not lend themselves well to transplantation to the international level and could even intensify some problems of international governance. Attempts to democratize international relations should be carried out prudentially, with due regard for possible counterproductive effects.


Wouter G. Werner
Wouter Werner is Professor of Public International Law at VU University, Amsterdam, the Netherlands.

P.B. Larsen
Article

The Legal Issues Surrounding the Near Earth Space

The Current Status of the Rule of Law with Regard to Space Activities

Journal International Institute of Space Law, Issue 4 2010
Authors A. Ito

A. Ito
Article

Is Compliance with International Humanitarian Law Susceptible to Logical Measurement?

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords International humanitarian law, interests, States, power
Authors Ilias Bantekas
AbstractAuthor's information

    The application of international humanitarian law by States is necessarily dependent on factors such as “interests” as well as certain “qualities” of States, such as size or wealth. Despite their contractual undertakings, nations fully apply the jus in bello under the terms of a particular formula. This article depicts this formula in a very rudimentary manner, positing that compliance is measureable and corresponds to a number which is derived by adding a State’s interests and qualities.


Ilias Bantekas
Ilias Bantekas is Professor of International Law, Brunel Law School and Head of International Law at Mourgelas & Associates Law Firm.
Article

Access_open How Should the ICC Office of the Prosecutor Choose its Cases?

The Multiple Meanings of ‘Situational Gravity’

Journal Hague Justice Journal, Issue 1 2009
Authors Mark Osiel
Author's information

Mark Osiel
Director of International Criminal/ Humanitarian Law and Public International Law, T.M.C. Asser Instituut, The Hague.

Harry Post
Harry Post is General Editor of the HJJ-JJH and Editor-in-chief of the Hague Justice Portal.

Jordan J. Paust
Mike & Teresa Baker Law Center Professor, University of Houston. Thanks to Dan Baker of our library staff for useful research.

Yvonne McDermott
LL.B. (National University of Ireland, Galway); LL.M. cum laude (Leiden University); Ph.D. Candidate, Irish Centre for Human Rights. The author would like to express her sincere thanks to Mr. David Leahy for comments on an earlier draft.

Andrea Ewing
Andrea Ewing (LLB/BA, LLM) is an intern at the Special Department for War Crimes, Prosecutor’s Office of Bosnia and Herzegovina.

Dan Saxon
Dan Saxon is Senior Trial Attorney at the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). The views expressed herein are those of the author alone and do not necessarily reflect the views of the International Tribunal or the United Nations in general.

Carsten Stahn
Dr. jur., LL.M. (NYU), LL.M. (Cologne-Paris), Associate Professor of International Criminal Law, Leiden University, Programme Director, Grotius Centre for International Legal Studies. These remarks are based on the Opening of the Academic Year at Campus Den Haag, Leiden University. Thanks are owed to Ms. Ruth Shaikh for her editorial assistance.

Harry Post
Harry Post is General Editor of the HJJ-JJH and Editor-in-chief of the Hague Justice Portal.

Cedric Ryngaert
Assistant Professor of International Law, Leuven University and Utrecht University.

Mario Odoni
Researcher in International Law at the Faculty of Political Science, University of Sassari, Italy.
Article

Inaugural Nandasiri Jasentuliyana Lecture: "The Law of Outer Space in the General Legal Field (Commonality and Particularities)"

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 1st Young Scholars Session

Journal International Institute of Space Law, Issue 1 2009
Authors V.S. Vereshchetin

V.S. Vereshchetin
Article

Liability for Surface Damage Caused Aerospace Vehicles

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors P.S. Dempsey

P.S. Dempsey

F.G. von der Dunk
Article

Access_open Merger control and the rule of law

Journal Erasmus Law Review, Issue 1 2009
Authors Rachid Abdullah Khan and Gareth Davies
Author's information

Rachid Abdullah Khan
Both authors are members of the Department of International Law, Faculty of Law, VU University Amsterdam (Vrije Universiteit Amsterdam); Rachid Abdullah Khan as an associate professor and Gareth Davies as a professor.

Gareth Davies
Both authors are members of the Department of International Law, Faculty of Law, VU University Amsterdam (Vrije Universiteit Amsterdam); Rachid Abdullah Khan as an associate professor and Gareth Davies as a professor.
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