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    Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities”, has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of ‘national activities by nongovernmental entities’ should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret the key notion of ‘national’ in this context as scoping such national regimes.
    Looking back at 50 years of national space legislation addressing private sector space activities, however, we now have the possibility to look not only at the writings of learned experts, at best a subsidiary source of public international law, but at actual State practice-cum-opinio iuris on the matter. The present paper, on the basis of a survey of more than two dozen existing national space laws, will therefore be able to considerably narrow the appropriate interpretation of ‘national activities in outer space’, so as to diminish the uncertainty as regards what categories of private space activities States may be held responsible for, thus both narrowing the permissible discretion of individual States in scoping their national space law regimes and increasing the coherence and transparency of space law at the international level.


Frans G. von der Dunk
University of Nebraska-Lincoln, College of Law, Space, Cyber and Telecommunications Law Program.

Mahulena Hofmann
SES Chair in Space, SatCom and Media Law, University of Luxembourg.

    This paper will critically evaluate the provisions of the Space Industry Act 2018, its relationship with the Outer Space Act 1986 and the underlying arguments behind the UK Government’s decision to use the new Act to encourage both the development of launch systems within the UK and the attendant infrastructure. It will also consider the ramifications for the space economy within the UK and how the legislation will facilitate access to space for small space start-up companies and encourage the growth of a nascent space tourism industry. Given that the UK has taken the opportunity to revivify its national space law, the paper will go on to discuss some of the key points of significance in the new legislation. In particular, the 2018 Act lacks specific detail on many key regulatory issues, instead providing a skeleton outline which requires augmentation by way of secondary legislation. The paper will consider the way in which the UK will seek to fulfil its international treaty obligations within the legislative framework and whether the legislation can serve to contribute to the growth of the UK space economy amidst unprecedented political turmoil.


Christopher J. Newman
Professor of Space Law & Policy, Northumbria Law School, Northumbria University at Newcastle.

    Most if not all space activities require the use of the radio frequency spectrum (RFS); the RFS is essential for satellite and other wireless communications and scientific probes. Countries with advanced industries in the space sector obviously have more developed legislation than States that only aspire to participate in space activities. Even these, however, regulate space activities by which they are directly affected, primarily through their adherence to the International Telecommunication Union Radio Regulations (ITU-RR) and policies embedded in the space treaties. Thus, it can be said that most countries have some basic national legislation related to space activities.
    Some emerging economies have changed the focus of their activities, from wanting to acquire a satellite for communications, to obtaining a remote-sensing /earth observation satellite. Regardless of the change in focus, they face similar issues: budgetary and personnel constraints, as well as policies of industrialized countries regarding transfer of technology. Despite these challenges, less developed countries have contributed to the expansion of space activities and their regulation, at the national and international level. They participate in ITU Study Groups, and in the UN COPUOS’ sessions, bringing a different perspective to the deliberations of these entities.
    This paper will focus on Emerging Market Economies (EMEs), 5G networks and satellite mega- constellations; it will provide an overview of some of their contributions to space law and space activities, while keeping in mind limitations they continue facing.


Sylvia Ospina
S. Ospina & Associates - Consultants POB 141814, Coral Gables, FLA 33114.

    Most national commercial space legislation imposes a general obligation to comply with the Outer Space Treaty, often by reference to compliance with international obligations generally, on commercial entities seeking authorization to engage in space activities. Accordingly, a low-level or minimalistic harmonization exists in this respect. However, different wording in national space laws of even this very generally worded obligation as well as failure to include such an obligation in a select number of national space laws makes such harmonization imperfect. The consequences of this minimalistic, imperfect harmonization are a reduction in potential transparency benefits to private parties and missed opportunities to advance a coalescence of views of countries around Outer Space Treaty obligations. More detail in national space legislation regarding what the Outer Space Treaty requires may assist in achieving greater coalescence of views among countries of Outer Space Treaty obligations beyond what can be achieved relying on diplomacy alone within the UN Committee on Peaceful Uses of Outer Space (UNCOPUOS) and in other forums. It may also provide more transparency and certainty to private parties and confirm that OST obligations are minimally burdensome for commercial entities, thereby helping their business cases and expanding commercial space innovation and investment.


Matthew Schaefer
Haggart & Work Professor of International Trade Law & Founding Co-Director – Space, Cyber and Telecommunications Law Program, University of Nebraska College of Law.

    Since 2005 a growing number of states have adopted national space legislation to ensure adherence to international obligations, clarify rights under international space law, and promote regulatory certainty for space activities under their jurisdiction. While a certain degree of similarity is seen in the interpretation of these international obligations, the purpose of this paper is to demonstrate that diverging interpretations on a national level already exist. The interpretations that are reflected in national space legislation are often contextual and products of national space capabilities and ambitions. As such the Report of the Study Group of the International Law Commission on the Fragmentation of International Law regarding competing lex specialis, each with its own purpose and reasoning, will be discussed by analogy to provide insight into the processes and consequences of fragmentation of international law through diverging interpretations. Thereafter, this paper will present a brief comparative study on the scope of various national space legislation. This study will highlight variations in the interpretation of what it means to “carry out a space activity” under Article VI OST. Particular attention will be given to who is defined as carrying out a space activity and what is defined as a space activity. The conclusion will underline a need and urgency for coordination in the interpretation and application of space law, which is both beneficial and necessary to avoid the negative consequences of the fragmentation of international space law.


Vincent Seffinga
Vincent Seffinga, Department of Law, European University Institute, Villa Salviati, Via Bolognese 156, 50139 Florence, Italy.

Mari Eldholm
Mari Eldholm, in private capacity.

Hannah L. Kohler
J.D. Georgetown Law 2015; B.A. Penn State 2012; attorney, NASA Goddard Space Flight Center, Office of Chief Counsel.

    This article examines the hearing of children in Belgian and Dutch courts in return proceedings following an international child abduction. The analysis is based on the experience, insights and needs of both children who have experienced an abduction by one of their parents, and family judges. In this sensitive and often highly conflicted family context, hearing children in court is not self-evident. Challenges of both a judicial-institutional and communicative-relational nature can hinder the effective implementation of children’s right to be heard. This contribution seeks to answer the question of how to better support judges and children in addressing these challenges, with the aim of enabling children to fully and effectively participate in return procedures. Building on the interviews with children and judges, supplemented with findings from Belgian and Dutch case law and international literature, three key recommendations are formulated: 1) explore and evaluate opportunities for judges and children to experience support during the return procedure, for example via the figure of the guardian ad litem; 2) invest in training and opportunities for specialisation of judges with a view to strengthen their expertise in taking the best interests of the child into account; and 3) systematically pay attention to feedback to the children involved on how the final decision about their return is made – and this before, during and after the procedure.
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    Dit artikel bestudeert het horen van kinderen in Belgische en Nederlandse rechtbanken in terugkeerprocedures volgend op een internationale kinderontvoering. De analyse vertrekt vanuit de beleving, ervaring, inzichten, noden en behoeften van zowel kinderen als van bevoegde familierechters. In deze gevoelige en vaak uiterst conflictueuze gezinscontext is het horen van kinderen door de rechter geen evidentie. Uitdagingen van zowel juridisch-institutionele als communicatieve-relationele aard kunnen een effectieve implementatie van het recht van kinderen om gehoord te worden in de weg staan. Dit artikel zoekt een antwoord op de vraag hoe rechters en kinderen beter kunnen worden ondersteund om deze uitdagingen aan te pakken, met als doel dat kinderen volwaardig kunnen participeren in de terugkeerprocedure. Voortbouwend op de interviews met kinderen en rechters, aangevuld met bevindingen uit Belgische en Nederlandse rechtspraak en internationale literatuur, worden drie sleutelaanbevelingen geformuleerd: 1) voorzie mogelijkheden voor rechters en kinderen om spanningsvelden weg te werken tijdens de terugkeerprocedure, bijvoorbeeld via de ondersteunende figuur van de bijzonder curator; 2) investeer in opleiding en groeiende specialisatiemogelijkheden bij rechters en 3) heb aandacht voor feedback en terugkoppeling naar de betrokken kinderen over hoe de eindbeslissing over hun terugkeer tot stand komt, en dit zowel voor, tijdens als na de procedure.


Sara Lembrechts LLM
Sara Lembrechts is researcher at University of Antwerp (Law and Development Research Group) and policy advisor at Children’s Rights Knowledge Centre (KeKi).

Marieke Putters LLM
Marieke Putters is researcher at the International Child Abduction Center (Centrum IKO).

Kim Van Hoorde
Kim Van Hoorde is Project & Prevention Manager at Child Focus.

dr. Thalia Kruger
Thalia Kruger, PhD, is Associate Professor at the University of Antwerp (Personal Rights and Property Rights Research Group) and Honorary Research Associate, University of Cape Town.

dr. Koen Ponnet
Koen Ponnet, PhD, is Professor at Imec-Mict-Ghent University (Faculty of Social Sciences).

dr. Wouter Vandenhole
Wouter Vandenhole, PhD, is Professor at the University of Antwerp (Law and Development Research Group).

    Alternative/amicable dispute resolution (ADR) is omnipresent these days. In line with global evolutions, the Belgian legislator embraced the use of these ADR mechanisms. Recent reforms of the law, first in 2013 with the act concerning the introduction of a Family and Juvenile Court and consecutively in 2018 with the act containing diverse provisions regarding civil law with a view to the promotion of alternative forms of conflict resolution, implemented more far-reaching measures to promote ADR than ever before. The ultimate goal seems to alter our society’s way of conflict resolution and make the court the ultimum remedium in case all other options failed.In that respect, the legislator took multiple initiatives to stimulate amicable dispute resolution. The reform of 2013 focused solely on family cases, the one in 2018 was broader and designed for all civil cases. The legal tools consist firstly of an information provision regarding ADR for the family judge’s clerk, lawyers and bailiffs. The judges can hear parties about prior initiatives they took to resolve their conflict amicably and assess whether amicable solutions can still be considered, as well as explain these types of solutions and adjourn the case for a short period to investigate the possibilities of amicable conflict resolution. A legal framework has been created for a new method, namely collaborative law and the law also regulates the link between a judicial procedure and the methods of mediation and collaborative law to facilitate the transition between these procedures. Finally, within the Family Courts, specific ‘Chambers of Amicable Settlement’ were created, which framework is investigated more closely in this article. All of these legal tools are further discussed and assessed on their strengths and weaknesses.
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    Alternatieve of minnelijke conflictoplossing is alomtegenwoordig. De Belgische wetgever heeft het gebruik van deze minnelijke oplossingsmethodes omarmd, in navolging van wereldwijde evoluties. Recente wetshervormingen implementeerden maatregelen ter promotie van minnelijke conflictoplossing die verder reiken dan ooit tevoren. Het betreft vooreerst de hervorming in 2013 met de wet betreffende de invoering van een familie- en jeugdrechtbank en vervolgens kwam er in 2018 de wet houdende diverse bepalingen inzake burgerlijk recht en bepalingen met het oog op de bevordering van alternatieve vormen van geschillenoplossing. De ultieme doelstelling van deze hervormingen is een mentaliteitswijziging omtrent onze wijze van conflictoplossing teweegbrengen, waarbij de rechtbank het ultimum remedium dient te worden nadat alle overige opties faalden.De wetshervorming van 2013 focuste uitsluitend op familiale materies, de hervorming van 2018 was ruimer en had alle burgerlijke zaken voor ogen. De wettelijke mogelijkheden bestaan vooreerst uit een informatieverstrekking omtrent minnelijke conflictoplossing in hoofde van de griffier van de familierechtbank, advocaten en gerechtsdeurwaarders. Rechters kunnen partijen horen omtrent eerdere ondernomen initiatieven om hun conflict op een minnelijke manier op te lossen, zij beoordelen of minnelijke oplossingen alsnog kunnen worden overwogen, zij kunnen de diverse minnelijke mogelijkheden toelichten aan partijen alsook de zaak voor een korte periode uitstellen om partijen toe te laten de mogelijkheden aan minnelijke conflictoplossing te verkennen. Er werd voorts een wetgevend kader uitgewerkt voor een nieuwe oplossingsmethode, namelijk de collaboratieve onderhandeling. De wet creëert tevens een link tussen een gerechtelijke procedure en de methodes van bemiddeling en collaboratieve onderhandeling, om de overgang tussen deze procedures te vereenvoudigen. Tot slot werden er binnen de familierechtbanken specifieke kamers voor minnelijke schikking opgericht, waarvan het wetgevend kader in detail wordt bestudeerd in dit artikel. Al deze wettelijke opties worden nader besproken en beoordeeld aan de hand van hun sterktes en zwaktes.


Sofie Raes
Sofie Raes is a Ph.D. candidate at the Institute for Family Law of the University of Ghent, where she researches alternative dispute resolution, with a focus on the chambers of amicable settlement in Family Courts. She is also an accredited mediator in family cases.
Article

Access_open A changing paradigm of protection of vulnerable adults and its implications for the Netherlands

Journal Family & Law, February 2019
Authors H.N. Stelma-Roorda LLM MSc, dr. C. Blankman and prof. dr. M.V. Antokolskaia
AbstractAuthor's information

    The perception of how the interests of vulnerable adults should be protected has been changing over time. Under the influence of human and patient’s rights a profound shift of protection paradigms has taken place in the last decades. In the framework of this shift, in addition to traditional adult guardianship measures, new instruments have been developed allowing adults to play a greater role in the protection of their (future) interests. This has also been the case in the Netherlands, where adults in the course of the last decade have acquired the possibility to make a so-called living will, internationally better known as a continuing, enduring or lasting power of attorney. This article discusses this instrument, in comparison with the traditional adult guardianship measures currently in force in the Netherlands, from the perspective of the new protection paradigm based on a human rights approach.
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    In de afgelopen decennia is de manier waarop naar de bescherming van kwetsbare meerderjarigen wordt gekeken, veranderd. Van een benadering waarbij de focus voornamelijk lag op bescherming is de nadruk steeds meer komen te liggen op het recht op autonomie en zelfbeschikking van de meerderjarige. De opkomst van mensen- en patiëntenrechten heeft geleid tot het ontstaan van een nieuw beschermingsparadigma. In dat kader zijn nieuwe instrumenten ontwikkeld, die meerderjarigen een grotere rol toekennen in de bescherming van hun (toekomstige) belangen. Dit is eveneens het geval in Nederland, waar meerderjarigen een levenstestament kunnen opstellen om voorzieningen te treffen voor een toekomstige periode van wilsonbekwaamheid. Dit artikel bespreekt het levenstestament, in samenhang met de traditionele rechterlijke beschermingsmaatregelen, vanuit het perspectief van het nieuwe beschermingsparadigma.


H.N. Stelma-Roorda LLM MSc
Rieneke Stelma-Roorda is PhD candidate at the Vrije Universiteit Amsterdam.

dr. C. Blankman
Kees Blankman is associate professor at the Vrije Universiteit Amsterdam.

prof. dr. M.V. Antokolskaia
Masha Antokolskaia is professor of family law at the Vrije Universiteit Amsterdam.

    Entities enjoying international legal personality are generally regarded as the “subjects” of general international law and international space law and are considered to possess rights and obligations under international law. While States have historically been recognised as the principal subjects of international law, non-State actors, such as international organisations, non-governmental entities, multinational corporations, and (arguably) individuals, are increasingly empowered with rights and subjected to obligations on the international plane. International space law, although embedded in general international law, contains unique principles and rules that are in some cases different from those of general international law. With the changing nature of activities due to technological developments, and the proliferation of actors in the space domain, it is necessary to critically examine the issues as to what are considered the subjects of international space law. This question is important both from the doctrinal perspective, and as a matter of practical relevance, as space activities are increasingly being undertaken by non-State actors under the jurisdiction and control of, or having a nexus with, several States.


Kuan-Wei Chen
K.W. Chen, Centre for Research in Air and Space Law, McGill University, Canada.

Ram Jakhu
R. Jakhu, Institute of Air and Space Law, McGill University, Canada.

Steven Freeland
S. Freeland, Western Sydney University, Australia.

    Among the numerous space activities, satellite communications remain the most widespread, essential, and advanced. To perform a communication function, satellites need to be placed in orbit and use the radio-frequency spectrum. Such limited natural resources, which require rational, equitable, efficient, and economical use in an interference-free environment, are managed by the International Telecommunication Union (ITU).
    Before a new satellite or a satellite network is brought into use, the relevant operator carries out coordination with other operators which utilize satellite networks in the adjacent orbital locations. The results of the coordination procedure are then reflected in coordination agreements. Though coordination may last for years, the difficulty is not so much the conclusion of an agreement as its due performance and enforcement.
    Coordination agreements generally contain mutually acceptable technical parameters for the operation of certain frequencies and their breach may cause harmful interference toward communications satellites. At the request of administrations, the ITU carries out investigations of harmful interference and formulates recommendations. Although such a process has a few drawbacks, complete disregard for the content of coordination agreements makes it totally meaningless.
    If the ITU’s recommendations cannot satisfy the parties or are not duly followed, or if damage was caused by harmful interference and requires compensation, a judicial recourse seems inevitable. As disputes may involve parties around the globe, to which court should they apply? Commonly drafted by technical experts, coordination agreements hardly provide for a dispute resolution mechanism or governing law, while the application of general rules may bring parties to an exotic jurisdiction equally irrelevant to both. Whatever court is chosen, the question of specific knowledge arises. However, the ITU’s practice has always been not to get involved in disputes.
    Therefore, disputes related to coordination agreements pose legal challenges. Where to adjudicate the case and what law to apply are just the tip of the iceberg, while the major question of whether there is a need for a specialized court remains significant. This field of space activities apparently requires legal advice.


Elina Morozova
E. Morozova, Head of International Legal Service, Intersputnik International Organization of Space Communications.

Yaroslav Vasyanin
Y. Vasyanin, Legal Counsel, International Legal Service, Intersputnik International Organization of Space Communications.
Article

Arbitration in Space-Related Disputes: A Survey of Industry Practices and Future Needs

Journal International Institute of Space Law, Issue 2 2019
Keywords space law, space related disputes, arbitration, dispute resolution
Authors Viva Dadwal and Eytan Tepper
AbstractAuthor's information

    To better understand the viability of arbitration in space-related disputes, we designed a survey that examines the use of arbitration clauses in contracts used by space companies, and if the use thereof is mandatory. More specifically, the survey gathers data on contracting parties’ preferred seats of arbitration, arbitration institutions, selection process for arbitrators, and choice of procedural and substantive rules. The survey also captures actual use of arbitration within space related disputes by collecting data on how often such arbitration clauses have been invoked and the number of disputes ultimately resolved by arbitration. Finally, the survey solicits industry preferences for the future development of arbitration as a form of dispute resolution in the space sector. The survey is built in a way that allows break down of results and comparing segments, inter alia, based on the type of contract (e.g., launch contract, insurance contract, investment contract, contract for supply of parts or services). The results of the survey will expose the demand for arbitration and the successes and barriers for the use thereof. Furthermore, the results will allow us to evaluate the success of existing arbitration infrastructure for space-related disputes, including the PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities and the Panels of Arbitrators and Experts for Space-related Disputes. To our knowledge, there exist no surveys or catalogues on the use of arbitration in spacerelated disputes. The results of the survey will provide empirical data and trends that may be used by scholars, policymakers and practitioners to anchor future theoretical papers and policy recommendations.


Viva Dadwal
V. Dadwal, Faculty of Law, McGill University, 3644 Peel St, Montreal, Quebec H3A 1W9.

Eytan Tepper
E. Tepper, Institute of Air & Space Law, McGill University, 3690 Peel Street Montréal, Québec, Canada H3A 1W9.
Article

Dispute Settlement and Decision Making in Relation to the Scarce Orbit-Spectrum Resource

‘Preventive’ and ‘Reactive’ ITU Procedures and Their Relevance for Private Sector Actors

Journal International Institute of Space Law, Issue 2 2019
Keywords ITU, Dispute Settlement, Spectrum Management, Private Actors
Authors Simona Spassova
AbstractAuthor's information

    The exploration and sustainable use of outer space is dependent, not only upon technological developments and capital investments, but also on the availability of the spectrum-orbit resource for the associated relevant radio communications. Even though the electromagnetic spectrum is a non-exhaustible resource, it is a limited and finite one. The increased number of actors and activities in space – both current and planned- is putting a strain on the coordination and allocation processes for available spectrum as well as on the subsequent observance of the international requirements in this respect. Hence, this paper focuses on the way geostatic positions are assigned and frequencies - allocated on an international level. These are complicated and highly time-consuming processes, involving technical and engineering expertise, coordination, compromise and some diplomacy too. On a global level these negotiations are done within the framework of the International Telecommunications Union (ITU) and spectrum/orbital positions can only be assigned to sovereign member states. At the same time, more and more satellite communication operators nowadays are private commercial entities, even if, licensed and supervised by their respective national administrations. The aim of this article is two-fold. First, it will examine the ways disputes related to the allocation and use of the spectrum resources are handled within the framework of the ITU. It identifies ‘preventive’ and ‘reactive’ efforts to settle disputes within the framework of the organization. In other words: what is the ITU doing to prevent the potential for conflict and what measures does it offer for resolution once a conflict has occurred? Different means of dispute resolution - will be examined together with the associated advantages. Secondly, the article will also analyse the role of private operators and not only Member States administrations in these processes. The ITU brings together also Sector members from the industry and in doing so, it for provides for multistakeholder discussion. Arguably, as the oldest UN agency, the Union is remarkably fast and adept when responding to technological challenges and considering the needs of the private sector. Is this so also when disputes are at stake, whereby private operators are not an official party?


Simona Spassova
Simona Spassova is Faculty Advisor to the Manfred Lachs Space Law Moot Court Team and a legal consultant for the International Finance Corporation.

Michael Friedl
Michael Friedl is a PhD candidate and research and teaching assistant at the University of Vienna, Austria.

Maximilian Gartner
Maximilian Gartner is a PhD candidate in a joint PhD program at the University of Bologna, Katholieke Universiteit Leuven and Mykolas Romeris University.
Editorial

Editorial

Journal European Journal of Law Reform, Issue 1 2019
Authors Dr Constantin Stefanou
Author's information

Dr Constantin Stefanou
Dr Constantin Stefanou is Managing Editor of EJLR and Director of the Sir William Dale Centre for Legislative Studies at the Institute of Advanced Legal Studies (University of London).
Article

Legislative Reform in Post-Conflict Settings

A Practitioner’s View

Journal European Journal of Law Reform, Issue 1 2019
Keywords post-conflict, rule of law, law reform, legislative reform
Authors Nathalia Berkowitz
AbstractAuthor's information

    Following conflict, considerable effort is often dedicated to legislative reform. This effort includes not only domestic actors but also international actors frequently acting with the aim of establishing the rule of law. This article seeks, first, to provide some context for legislative reform in post-conflict settings and outline some of the criticisms that have been made. Drawing on the work of legislative experts, the article then identifies some of the simple questions that those involved in legislative reform ask and discusses some of the key challenges in answering them. The article suggests that establishing the rule of law is more than putting laws ‘on the books’ and that the way in which legislation is created may itself contribute to developing the rule of law. It suggests that as the rule-of-law community develops new approaches, it might find it useful to draw on the approach of legislative experts and their concern with how effective legislation is created.


Nathalia Berkowitz
Nathalia Berkowitz is a former Barrister and legislative drafter working as an independent consultant focusing on rule of law reform. Nathalia has over 10 years’ experience supporting legislative reform and judicial process in countries around the world. She is a UK [Government] deployable civilian expert and faculty member of the University of Salamanca’s Global and International Studies Program. She can be contacted at nathaliapendo@gmail.com.
Article

Judging Reformers and Reforming Judges

Journal European Journal of Law Reform, Issue 1 2019
Keywords law reform, common law, judges, United Kingdom Supreme Court, legal reasoning
Authors James Lee
AbstractAuthor's information

    This article examines the practice and limits of judicial law reform. In particular, I consider the question of when initiation of a reform is appropriate for the judiciary as opposed to the legislature, an issue which has been a matter of controversy amongst the Justices of the United Kingdom Supreme Court. This question is assessed in the light of the institutional and constitutional competences of the courts, particularly with respect to the structure of common law reasoning. It is also argued that it is important to have regard to perspectives of the relevant judges, in understanding the individual and collective approaches to the judicial development of the law.


James Lee
James Lee is Reader in English Law and PC Woo Research Fellow 2016-2017 at The Dickson Poon School of Law, King’s College London, and Associate Academic Fellow of the Honourable Society of the Inner Temple; Senior Visiting Fellow, Gilbert + Tobin Centre of Public Law, University of New South Wales; and Visiting Professor, Hong Kong University. I am grateful to Enrico Albanesi, Mark Lunney, Jonathan Teasdale and all those who attended the Law Reform Workshop at the Institute of Advanced Legal Studies in November 2017 and a Kirby Seminar at the School of Law at the University of New England at which drafts of this article were presented. I thank both PC Woo & Co and the Faculty of Law at UNSW for the generous support for the project of which this article forms part. All views, and any errors, are my own.
Article

Law Reform in a Federal System

The Australian Example

Journal European Journal of Law Reform, Issue 1 2019
Keywords customary law, federal system, Australia
Authors Kathryn Cronin
AbstractAuthor's information

    The Australian law reform arrangements comprise a ‘crowded field’ of law reformers. These include permanent, semi-permanent and ad hoc commissions, committees and inquiries charged with examining and recommending reform of Commonwealth/federal and state laws. These are supplemented by citizen-led deliberative forums on law reform. The author’s experience in her roles as a commissioner and deputy president of the Australian Law Reform Commission (ALRC) and also as counsel assigned to advise the Joint Standing Committee on Migration in the Australian Federal Parliament highlighted facets of Australian law reform – the particular role of a law commission working in a federal system and the co-option of legal expertise to scrutinize law reforms proposed within the parliamentary committee system.


Kathryn Cronin
Kathryn Cronin is former Deputy President Australian Law Reform Commissioner and now barrister at Garden Court Chambers.
Article

Is There a Law Commission in France?

About the Commission Supérieure de Codification

Journal European Journal of Law Reform, Issue 1 2019
Keywords High Commission on Codification, France, Law Commission, codification, law reform
Authors Bertrand-Léo Combrade
AbstractAuthor's information

    The ‘Commission Supérieure de Codification (‘High Commission on Codification’) is a body that was created with the aim of providing support for the process of codifying the texts of positive law. Analysis of both its place in France’s institutional architecture and its working methods highlights certain particularities in the body’s functioning and raises questions as to its degree of proximity to the Law Commissions.


Bertrand-Léo Combrade
Lecturer in public law, Researcher at CURAPP-ESS (University of Picardy-Jules Verne), Associate researcher at ISJPS (Sorbonne Law School).
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