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Article

The Mechanisms Used to Review Existing Legislation in the Civil Law System

Case Study – Italy

Journal European Journal of Law Reform, Issue 3 2016
Keywords codification, consolidation, law revision, legal restatement, legislative scrutiny
Authors Enrico Albanesi
AbstractAuthor's information

    The aim of this article is to describe the mechanisms that are used in the civil law system to review existing legislation. The case study will be based on the Italian system. In the civil law system we are not familiar with the concept of law reform, in the sense used in the common law system, because there is no law reform agency in the civil law world. The mechanisms used to review the existing law in civil law systems are: codification, consolidation, repeal, law revision and legal restatement. To understand how the mechanisms used to review existing legislation work in Italy, an overview of the Italian law-making and drafting processes will be carried out here, underlying the bad impact that the Italian equal bicameralism has on the quality of legislation and also on the mechanisms to review existing legislation. After this, the article will focus on the specific tools that are used in Italy for codification and consolidation (decreti legislativi), for law revision (the so-called taglia-leggi) and for legal restatement (examining the role of the Consiglio di Stato). Particular attention will also be paid to the parliamentary scrutiny on the quality of legislation. Finally, the article will focus on the constitutional amendment process Italy carried out in 2014-2016 and that was expected to fundamentally change the Italian law-making process, superseding the equal bicameralism arrangement (a referendum on this was held on 4 December 2016, and the reform was rejected by the Italian people).


Enrico Albanesi
Lecturer in Constitutional Law at the University of Genoa (Italy) and Associate Research Fellow at the Institute of Advanced Legal Studies (IALS), University of London. Co-leader of the IALS Law Reform Project.

Ethan Katsh
Ethan Katsh is Director and Co-Founder of the National Center for Technology and Dispute Resolution, and Professor Emeritus of Legal Studies, University of Massachusetts.

Orna Rabinovich-Einy
Orna Rabinovich-Einy is Assistant Professor at the Faculty of Law of the University of Haifa, Israel.
Article

ChAFTA, Trade, and Food Safety

When the Rubber Hits the Road

Journal European Journal of Law Reform, Issue 4 2016
Keywords food safety laws in China and implementation issues, China-Australia Free Trade Agreement (ChAFTA), agricultural trade, corporate social responsibility, collaborative governance
Authors Ying Chen
AbstractAuthor's information

    Over the past decade, food safety has evolved into a compelling issue in China. The Chinese government has been committed to strengthening the regulatory framework. A series of laws and regulations ensuring the quality and safety of food in the interests of public health have been promulgated. However, a fairly comprehensive set of laws, along with harsh punishments, does not substantially deter food safety violations. Rather, foodborne illnesses continue to occur on a daily basis. How to improve food safety has become China’s national priority; it is also the main focus of this research. This article determines that one of the main obstacles to food safety is poor implementation of laws. It identifies the external and internal impediments to food safety governance in China. It further proposes an evolving series of potential solutions. Externally, weak enforcement undermines the credibility of the food safety laws. Internally, food manufacturers and distributors in China lack the sense of corporate social responsibility (CSR). To effectively reduce or even remove the external impediment, it is imperative to improve the overall governance in various sectors. As for the internal impediment, incorporating CSR principles into business operations is vital for food safety governance. In fact, the enforcement of many regional trade agreements, in particular, the enforcement of China–Australia FTA (ChAFTA) will largely increase market share of Australian food products in China. Undoubtedly, Chinese food businesses will face unprecedented competition. The pressure to gain competitive advantages in food markets yields an enormous change in motivation for Chinese food businesses. Chinese food companies will ultimately be forced to ‘voluntarily’ integrate CSR principles into their business operations. A significant change in the food sector is expected to be seen within the next decade. The article concludes that better practice in food safety governance in China requires two essential elements: a comprehensive regulatory and cooperative framework with essential rules and institutions, and an effective implementation mechanism involving both the public and private sectors.


Ying Chen
Dr. Ying Chen, Lecturer in Law, University of New England School of Law, Armidale, NSW2351, Australia. Email: ychen56@une.edu.au.
Article

Access_open The 2016 Manfred Lachs Space Law Moot Court Competition

Case Concerning Space Debris, Commercial Spaceflight Services and Liability (Banché v. Rastalia)

Journal International Institute of Space Law, Issue 12 2016
Authors Melissa K. Force
Author's information

Melissa K. Force
Co-Chair, Manfred Lachs Space Law Moot Court Committee, IISL.
Article

Narrative Approaches to Understanding and Responding to Conflict

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords narrative, conflict resolution, development, assessment, evaluation
Authors Sarah Federman
AbstractAuthor's information

    While stories have circulated for millennia and constitute the very fabric of life in society, narrative as an optic for understanding and engaging with conflict emerged in the field of conflict resolution only in the past few decades, and has already amassed an array of significant contributions (Bar-Tal and Salomon, 2006; Cobb, 2013; Grigorian and Kaufman, 2007; Kellett, 2001; Lara, 2007; Nelson, 2001; Rotberg, 2006; Winslade and Monk, 2000). They encompass several spheres of action. Narrative analysis provides a means to locate individual and communal meaning in their discourse and to pinpoint conflicts in their world views that threaten their identity and agency. Further, it helps explain how marginalized people remain marginalized. Narrative interventions allow for conflict transformation, helping people to renegotiate their social positions and reclaim lost agency stemming from marginalized positions. Narrative evaluation highlights the flexibility of that model to measure change through a detection of discursive shifts over time. This article provides an overview of narrative approaches to conflict, answering: (a) What is narrative and what is its potential as a tool for understanding and responding to conflict? (b) How might we conduct a narrative analysis of a conflict? (c) From this analysis, how might we then construct narrative interventions and programme evaluations?


Sarah Federman
Sarah Federman is an Assistant Professor at the University of Baltimore in the department of Negotiations and Conflict Management. Federman completed her doctorate at George Mason University’s School for Conflict Analysis and Resolution where she studied the role of the French National Railways (SNCF) in the Holocaust and the on-going conflict in the United States over whether the company has done enough to make amends. She used narrative and ethnographic methods to construct a narrative landscape of the conflict over time and to better understand the social construction of victim-perpetrator binaries. Federman began this research as a masters student at the American University of Paris.

Simonetta Di Pippo
Simonetta Di Pippo is the Director of the United Nations Office for Outer Space Affairs.

Elina Morozova
Elina Morozova, Head of International & Legal Service, Intersputnik International Organization of Space Communications, morozova@intersputnik.com.

Yaroslav Vasyanin
Yaroslav Vasyanin, Legal Counsel, International & Legal Service, Intersputnik International Organization of Space Communications, vasyanin@intersputnik.com.
Article

Access_open ‘We Do Not Hang Around. It Is Forbidden.’

Immigration and the Criminalisation of Youth Hanging around in the Netherlands

Journal Erasmus Law Review, Issue 1 2016
Keywords Criminalisation of youth hanging around, culture of control, immigration and discrimination
Authors Thaddeus Muller
AbstractAuthor's information

    The focus in this article is the ‘criminalisation’ of youth hanging around with the emergence of bans on hanging around. A critical social constructivist approach is used in this study, which draws predominantly on qualitative primary data collected between the late 1980s and 2010s. The article compares indigenous with immigrant youth, which coincides with, respectively, youth in rural communities and youth in urban communities. This study shows that there is discrimination of immigrant youth, which is shaped by several intertwining social phenomena, such as the ‘geography of policing’ – more police in urban areas – familiarity, sharing biographical information (in smaller communities), and the character of the interaction, normalising versus stigmatising. In further research on this topic we have to study (the reaction to) the transgressions of immigrant youth, and compare it with (the reaction to) the transgressions of indigenous youth, which is a blind spot in Dutch criminology.


Thaddeus Muller
Thaddeus Muller, Ph.D., is senior lecturer at the Lancaster University Law School.
Article

Parliamentary Diplomacy in the United Nations and Progressive Development of Space Law

Journal European Journal of Law Reform, Issue 1 2016
Keywords COPUOS, Legal Subcommittee, law making, agenda, working methods
Authors Tare Brisibe
AbstractAuthor's information

    Recent and on-going efforts by individual or groups of states aim to organize parliamentary mechanisms and substantive issues concerning space law. The article addresses organizational matters of the Legal Subcommittee (LSC) of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) and particularly the debate between procedure and substance. The article enquires whether amending the parliamentary process can be expected to yield results in the absence of agreement to proceed on substantive matters. Whilst highlighting the achievements of COPUOS and its LSC in the progressive development and codification of space law, attention is paid to salient decisions concerning organizational matters, taken with respect to the COPUOS and its LSC spanning the period 1990 to 1999 and post 1999 to present. Analysis is undertaken of reasons for presumed decline, alongside current and future perspectives that shall influence COPUOS and its LSC in their respective law making functions.


Tare Brisibe
Barrister & Solicitor of the Supreme Court of Nigeria, Legal Consultant and former Chair of the UN COPUOS Legal Subcommittee for the biennium 2012-2014.
Article

The European Space Agency as a European Institution and a Space Law Maker

Journal European Journal of Law Reform, Issue 1 2016
Keywords European institution, access to space, innovation and development, space law, international cooperation
Authors Marco Ferrazzani
AbstractAuthor's information

    The European Space Agency was set-up over 40 years ago and has delivered on expectations from the scientific community’s quest for more knowledge, from the politicians wishing for more Europe and from the business community developing industrial and operational capabilities. All has been made possible thanks to hard-working scientists and space engineers who created and progressively refined a magic formula of balanced interests and respectful co-operation. The diplomats and lawyers well understood the challenges and so defined long-term policy objectives and a stable legal framework necessary to meet them, therefore providing institutional skills and appropriate financing tools which proved successful, and still today make this particular aspect of Europe. The ESA Convention, along with the activities and programmes based in its framework continue to serve as a living example of how to make Europe with a cooperative formula of a common Agency and law maker, giving access to space for all European citizens.


Marco Ferrazzani
ESA Legal Counsel, European Space Agency, 10 rue Mario Nikis, 75015 Paris. Email: marco.ferrazzani@esa.int.
Article

Some Legal Aspects of Space Natural Resources

Journal European Journal of Law Reform, Issue 1 2016
Keywords space law, space mining, private property rights, United States Space Law, United Nations Committee on Peaceful Uses of Outer Space
Authors Ram S. Jakhu and Yaw Otu Mankata Nyampong
AbstractAuthor's information

    Critical natural resources on the earth will be depleted before the close of this century. As such, humanity must explore for additional natural resources in places beyond the earth (i.e. in outer space and on other planets) in order to sustain life on earth. An appropriate international regulatory regime would be indispensable if such exploration is to succeed and result in the orderly exploitation of space natural resources. Presently, the international regulatory regime governing the exploration and potential exploitation of space natural resources is inadequate and lacks sufficient clarity. This article addresses some important legal aspects of the exploration and exploitation of space natural resources both from an international and a national perspective. Specifically, it analyzes the relevant provisions of the 1967 Outer Space Treaty and the 1979 Moon Agreement in addition to some recent regulatory developments occurring in the United States. Finally, it provides an outlook for the future legal regime that may be required to guarantee the orderly exploration and exploitation of space natural resources.


Ram S. Jakhu
Associate Professor, Institute of Air and Space Law, Faculty of Law, McGill University, Montreal, Canada.

Yaw Otu Mankata Nyampong
Senior Legal Officer, Pan African University, African Union Commission, Addis Ababa, Ethiopia.
Article

National Space Law

The Case of France and New Challenges for Space Activities

Journal International Institute of Space Law, Issue 7 2016
Authors Anne-Sophie Martin
Author's information

Anne-Sophie Martin
PhD Candidate – University of Rome “La Sapienza”, Piazzale Aldo Moro, 5 – 00185 Rome (I), martin.annesophie@yahoo.fr.
Article

Access_open International Cooperation in China’s Space Undertakings

Melting Down Political Obstacles through Legal Means

Journal International Institute of Space Law, Issue 6 2016
Authors Xiaodan Wu
Author's information

Xiaodan Wu
China Central University of Finance and Economics.

Robin J. Frank
Associate General Counsel for International Law, National Aeronautics and Space Administration (NASA), United States. Mr. David R. Lopez, Intern, International Law Practice Group, Office of the General Counsel, National Aeronautics and Space Administration (NASA) and a 2017 J.D. Candidate, University of Houston Law Center (Texas) is the primary author of Section 4 of this paper. In addition, the author thanks Mr. Lopez for his research and editing assistance on other parts of this paper. The author also thanks Benjamin W. Juvelier, Intern, International Law Practice Group, Office of the General Counsel, NASA and a graduate student at American University (Washington, D.C.), JD May 2017; MA in International Service in December 2017 for his research assistance for this paper. In addition, the author thanks her colleagues in NASA’s Office of International and Interagency Relations for their assistance, in particular Ms. Sherry Copeland, Program Specialist, for her outstanding research on NASA agreements discussed in this paper. Finally, the author thanks her colleague Laura Burns, NASA’s Law Librarian for her substantive and extensive research assistance. Any errors in this paper are the author’s errors alone.

Carlos Gabriel Argüelles Arredondo
Instituto de Estudios Internacionales, Universidad del Mar, Mexico, Facultad de Economía y Relaciones Internacionales, Universidad Autónoma de Baja California, Mexico, Email: carlosarguellesarr@hotmail.com.
Article

The Second African National Space Law

The Nigerian NASRDA Act and the Draft Regulations on Licensing and Supervision

Journal International Institute of Space Law, Issue 5 2016
Authors Frans G. von der Dunk
Author's information

Frans G. von der Dunk
University of Nebraska-Lincoln, College of Law, Space, Cyber and Telecommunications Law Program, Fvonderdunk2@unl.edu.
Article

The End of the Concept of “Common Heritage of Mankind”?

The Views of State Parties to the Moon Agreement

Journal International Institute of Space Law, Issue 2 2016
Authors Irmgard Marboe
Author's information

Irmgard Marboe
University of Vienna, Austria, irmgard.marboe@univie.ac.at.
Article

Access_open The Hague Space Resources Governance Working Group

A Progress Report

Journal International Institute of Space Law, Issue 2 2016
Authors Tanja Masson-Zwaan, René Lefeber, Giuseppe Reibaldi e.a.
Author's information

Tanja Masson-Zwaan
Tanja Masson-Zwaan, International Institute of Air & Space Law, Leiden University, The Netherlands, t.l.masson@law.leidenuniv.nl.

René Lefeber
René Lefeber, Netherlands Ministry of Foreign Affairs, The Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
Giuseppe Reibaldi, International Academy of Astronautics (IAA), France, giuseppe.reibaldi@gmail.com.

Merinda Stewart
Merinda Stewart (corresponding author), International Institute of Air & Space Law, Leiden University, The Netherlands, m.e.stewart@law.leidenuniv.nl.

    This article captures current trends in online dispute resolution (ODR) and its potential use in Ireland by analysing Irish practitioners’ current attitudes to and awareness of ODR. Ultimately, this work provides the groundwork for future research into Ireland’s use of ODR. This exploratory research will hopefully guide researchers in understanding ODR’s users and consumption.
    Data collection came from an online questionnaire sent to conflict intervention practitioners in Ireland who reported their experiences and perspectives of ODR. One hundred and twenty-four surveys were used in this analysis. These questionnaires produced both quantitative and qualitative data. Approximately 900 people were asked to complete the survey.
    The author found that surveyed participants were sceptical regarding ODR, with very few actually using online technologies to aid in resolving disputes. A popular sentiment among participating practitioners was that ODR was not better than face-to-face meetings, but that it was worth exploring further. Finally, the author found that those who had heard of ODR are more likely to believe they could assist parties in reaching a final settlement by using video technology.


Simon J. Boehme
Conflict Resolution Specialist for Martin F. Scheinman, Esq., Mitchell Scholar at Maynooth University in Ireland, Truman Scholar and Merrill Presidential Scholar at Cornell University’s ILR School in Ithaca, NY. <www.simonboehme.com>.
Article

E-Commerce, ICTs and Online Dispute Resolution: Is This the Beginning of a New Professional Profile?

Journal International Journal of Online Dispute Resolution, Issue 2 2015
Keywords Mobile phones, ADR, ODR, mediation, conflict resolution
Authors Aura Esther Vilalta and Rosa Pérez Martell
AbstractAuthor's information

    There is a close link between the growth of Internet usage, the development of mobile technology, the expansion of markets and the increasing number of online dispute resolution mechanisms (ODRs). This article seeks to start a conversation about the need to provide justice by means of effective mechanisms, in particular for e-commerce disputes and transnational litigation. It also provides some information on the recent international initiatives towards the regulation of this new arena, and concludes with an early approach to the future challenges and the impact on training, qualifications and expertise of ODR professionals and service providers.


Aura Esther Vilalta
Senior Lecturer in Civil Law at the Universitat Oberta de Catalunya (UOC), Barcelona, Spain. Fellow of the National Center of Technology and Dispute Resolution (NCTDR), University of Massachusetts – Amherst; CEO of Iusmediare, mediator and arbitrator. Vilalta has been Spanish national representative at UNCITRAL, WG III (Online Dispute Resolution) and Deputy Magistrate in the Barcelona Court of Appeals.

Rosa Pérez Martell
Senior Lecturer in Procedural Law at Las Palmas de Gran Canaria University, lecturer at the Open University of Catalonia and member of the Mediation Commission at the Gran Canaria Government.
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