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Yvon Henri
International Telecommunication Union (ITU), Geneva, Switzerland, henri@itu.int.

Attila Matas
International Telecommunication Union (ITU), Geneva, Switzerland, matas@itu.int.
Article

Trade in Oil and Export Restrictions

Taking the Organization of the Petroleum Exporting Countries to the WTO Court

Journal European Journal of Law Reform, Issue 1 2012
Keywords WTO, dispute settlement, US, OPEC, oil
Authors Bashar H. Malkawi
AbstractAuthor's information

    The Organization of the Petroleum Exporting Countries (OPEC), as seen by observers, resembles a greedy international cartel that preys on the public in defiance of market competition. High oil prices are considered as a principal cause of the US economic woes. Some US congressmen pinpointed OPEC’s alleged inconsistency with the World Trade Organization (WTO) rules and called upon the US administration to open dispute settlement proceedings against OPEC. This article discusses the legal issues arising from a US action at the WTO level against OPEC countries. The first sections of the article comprise an institutional review of the WTO and OPEC. The article addresses the interplay between the WTO and OPEC. It then illustrates the central provisions of the WTO that can be used for arguments and counter-arguments concerning such a WTO action. It culminates with a set of concluding thoughts.


Bashar H. Malkawi
Associate Professor of Commercial Law, University of Sharjah, UAE. He received his LL.B from Yarmouk University in 1999, LL.M from University of Arizona College of Law in 2001, S.J.D from American University, Washington College of Law in 2005. The author would especially like to thank the two outside reviewers for their direction, feedback and invaluable insight. He also thanks the law journal editors and staff writers for their hard work in polishing the article.

M.J. Stanford
Immediate past Deputy Secretary-General International Institute for the Unification of Private Law (Unidroit) This paper is based on the author’s article “The availability of a new form of financing for commercial space activities: the extension of the Cape Town Convention to space assets” published in the Cape Town Convention Journal, 2012, pp. 109 et seq.
Article

Access_open Public and Private Regulation

Mapping the Labyrinth

Journal The Dovenschmidt Quarterly, Issue 1 2012
Keywords private regulation, regulatory impact assessment, standard-setting, voluntary certification, sustainabbility reporting, effectiveness indicators, governance indicators
Authors Fabrizio Cafaggi and Andrea Renda
AbstractAuthor's information

    Private governance is currently being evoked as a viable solution to many public policy goals. However, in some circumstances it has shown to produce more harm than good, and even disastrous consequences like in the case of the financial crisis that is raging in most advanced economies. Although the current track record of private regulatory schemes is mixed, policy guidance documents around the world still require that policymakers award priority to self- and co-regulation, with little or no additional guidance being given to policymakers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policymakers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA techniques should: (i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; (ii) Involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and (iii) Contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators.


Fabrizio Cafaggi
European University Institute, Fiesole Università di Trento (F. Cafaggi).

Andrea Renda
LUISS Guido Carli, Rome; Centre for European Policy Studies, Brussels; European University Institute, Fiesole (A. Renda).

Hiroyuki Kishindo
Japan Aerospace Exploration Agency (JAXA), Japan, kishindo.hiroyuki@jaxa.jp.

Stefani Bär
Ecologic, Pfalzburgerstr. 43-44, 10717 Berlin.

Silke Albin

Maria O'Neill
BCL, LLM, Solicitor (Republic of Ireland, England & Wales) Lecturer in Law, University of Abertay Dundee, Bell Street, Dundee.

Haimo Schack
Professor of law, Director of the Institute for European and International Private and Procedural Law, University of Kiel. An earlier version of this article was published in German in Rabelsz 2001, vol. 65, pp. 615-633, as ‘Das neue Internationale Eheverfahrensrecht in Europa’. The following English version is published with the friendly permission of the editors of Rabelz.

Gülüm Bayraktaroğlu
Research Assistant and PhD Student at Ankara University, Faculty of Law, Department of Private International Law; MA in International Relations at the Middle East Technical University, Ankara; LLM in European Law at the University of Exeter, UK. The author would like to thank Dr. Gerrit Betlem at the University of Exeter School of Law for his useful comments and support.

Alfred Tovias
Walter Rathenau Professor in European Economics, Department of International Relations, Hebrew University of Jerusalem. Director of the Leonard Davis Institute for International Relations and Jean Monnet Chair in External Economic Relations of the EU. The author would like to thank an anonymous referee for his comments.

Margherita Poto
PhD, University of Pavia. Visiting researcher at Max Planck Institut für ausländisches und öffentliches Recht und Völkerrecht, Heidelberg. I am grateful to Prof. A. von Bogdandy, Director of the Max Planck Institute and to Prof. Tony Prosser, University of Bristol, for helpful comments. I would also like to express my gratefulness to Prof. R. Caranta, University of Turin. All mistakes remain mine.

William Robinson
The author is a coordinator in the Legal Revisers Group of the European Commission's Legal Service. The views expressed are his own and do not necessarily reflect those of the Commission. This article focuses on the drafting processes in a standard procedure for the adoption of an EC act by the European Parliament and the Council and is far from exhaustive.

Maya Sion-Tzidkiyahu
PhD candidate, Department of Political Science and the European Forum, and Jean Monnet Lecturer, Hebrew University, Jerusalem. I would like to thank Guy Harpaz and the anonymous readers for their useful and constructive comments. An early version of this article was presented at the conference The Lisbon Reform Treaty: Internal and External Implications, 13-14 July 2008 in the Hebrew University of Jerusalem. Comments to mayasion@mscc.huji.ac.il are welcomed.

Anna-Lena Högenauer
B.A. King's College London, 2005; M.A. College of Europe, 2006; Ph.D. candidate at the University of Edinburgh. This paper was first presented at the international conference “The Lisbon Reform Treaty: Internal and External Implications” organized by the Hebrew University of Jerusalem, the Leonard Davis Institute for International Relations and the Israeli Association for the Study of European Integration in Jerusalem on 13 and 14 July 2008. The author thanks Prof. Charlie Jeffery for his encouragement.

Dr. Yun Zhao
Faculty of Law, The University of Hong Kong, zhaoy@hku.hk

Rafael Harillo Gomez-Pastrana
Lawyer and Space Consultant, STARDUST CONSULTING
Article

Legislative Drafting and Human Rights

The Example of the European Arrest Warrant

Journal European Journal of Law Reform, Issue 2 2011
Keywords rule of law, drafting EU legislation, Framework Decision 2002/584 on the European Arrest Warrant
Authors William Robinson
AbstractAuthor's information

    This article considers some of the requirements for good laws, focusing in particular on the drafters’ perspective. It looks first in general terms at the requirements forming part of the rule of law that laws be accessible and predictable. It then examines the drafting of laws in the European Union: how it is done; the concern to make EU laws accessible; and specific features of EU legislative drafting rules and practices, illustrated by reference to Framework Decision 2002/584.


William Robinson
Sir William Dale Visiting Fellow, Institute of Advanced Legal Studies, London.

    International commercial law as a body of law that governs international sale transactions has a bright future in the East African Community (EAC) region. As long as international trade is growing so does the relevancy of international commercial law. As a Regional Economic Community, the EAC continues to facilitate trade arrangements between its Partner States to enable them to benefit from greater access to each other’s markets. Regional trade initiatives and economic integration as espoused by the EAC are no doubt integral to international commercial law through their impact on commercial transactions. In particular, the creation of an economic and monetary union is bound to advance international commercial law.This paper posits, therefore, that international commercial law has a favourable future in EAC, and indeed there are many developments that have been embarked on by the EAC to boost its relevancy. As will be illustrated in the paper, key among these developments is the holistic integration approach that has been embraced by the EAC. Commencing with a Customs Union, integration in the EAC has moved to a Common Market, is heading to a Monetary Union, and is ultimately bound to crystallize into a Political Federation. The paper shows that such an ambitious integration process poses both potential opportunities and limitations on the future of international commercial law. The paper highlights what the EAC is doing to harmonise its commercial laws to attain a common investment area and an effective functioning common market. It also explores the implications of this effort on the future of international commercial law and suggests proposals on the way forward.


Stephen Agaba
Principle Legal Officer, East African Community (EAC).

A.G. Koroma
INTERNATIONAL COURT OF JUSTICE
Article

Recent Developments in Space Law: Agreement on International Space Station as Case Study

Joint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions"

Journal International Institute of Space Law, Issue 8 2010
Authors O.N. John

O.N. John
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