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Michael Frischkorn
Associate Attorney at Sauce, Tardy & Blumenthal, a small litigation firm based in Noblesville, Indiana, USA.

Edita Ubartaite
LL.M. International and Comparative Law; Project Manager, Indiana Economic Development Corporation, Office of International Development.

Andrea Schulz
First Secretary at the Permanent Bureau of the Hague Conference on Private International Law. Since the beginning of 2002, the author has been in charge of the negotiations which led to the Convention on Choice of Court Agreements. This article is an updated reprint of an earlier publication by the same author, The Hague Convention of 30 June 2005 on Choice of Court Agreements, VII Yearbook of Private International Law 1 (2005).

Simeon P. Sungi
LL.B (Hons), LL.M., this work was submitted as a Masters thesis in partial fulfillment of a Masters degree in Law (LL.M.) of Indiana University School of Law - Indianapolis, Indiana, United States of America. The author wishes to thank his Supervisor and Faculty Advisor, Prof. George Edwards for his meticulous guidance in writing the work Prof. Dr. Frank Emmert for his critiques and comments in revising the article.

Andreas Herdina
Head of Unit, ENP Sector Coordination Unit, DG External Relations, European Commission.

Ulrich Karpen
Prof. Dr. iur., Universitätsprofessor at the Faculty of Law, University of Hamburg, Germany.

Eve Chava Landau
Professor of Law at Webster University Geneva, LL.B. (London) Docteur en droit (Paris), Diploma of the Hague Academy of International Law, Fellow of the Alexander von Humboldt Stiftung (Frankfurt/Main). Senior Research Fellow of the L. Davis Institute (Jerusalem). Taught at the Universities of Luxembourg, Geneva, Tel-Aviv and the Hebrew University Jerusalem, published numerous legal books and articles on International and European legal topics.

Pascal Hachem ACIArb
Referendar (Freiburg im Breisgau, Deutschland), Research and Teaching Assistant, Senior Assistant Global Sales Law, Chair of Private Law (Prof. Dr. Ingeborg Schwenzer, LL.M.), Faculty of Law, University of Basel, Switzerland

Carol Ronan-Heath
International Institute of Air and Space Law, Leiden University, United Kingdom, c.a.ronan-heath@umail.leidenuniv.nl
Article

In the Judicial Steps of Bolívar and Morazán?

Supranational Court Conversations Between Europe and Latin America

Journal European Journal of Law Reform, Issue 1 2011
Keywords courts, dialogue, integration, regionalism, case-law
Authors Allan F. Tatham
AbstractAuthor's information

    This paper explores the issues of judicial dialogue and constitutional migrations between the European Court of Justice (‘ECJ’) and Latin American regional courts. It considers the impact of the ECJ’s ‘constitutional’ case-law regarding supremacy and direct effect on the decisions of the Central American Court of Justice (‘CCJ’) and the Court of Justice of the Andean Community (‘ACCJ’). The study proceeds from a brief exposition of the legal aspects of the EU model of integration, before moving to identify the main factors which led to the selection of Latin American courts and to outline the background to integration in the two sub-regions. In addressing the CCJ and ACCJ, a short history and sketch of their jurisdiction is given before examining the impact of the migration of the integrationist activism of the ECJ on these regional judicial institutions.


Allan F. Tatham
Péter Pázmány Catholic University, Budapest, Hungary. The usual disclaimer applies.
Article

Competing Constitutional Ideals in the United States’ Force Majeure-Federalism Cases

Calling the Shots in Disaster Management

Journal European Journal of Law Reform, Issue 1 2011
Keywords federalism, force majeure, disaster, commerce clause, necessary and proper clause
Authors Riddhi Dasgupta
AbstractAuthor's information

    Structure is no less important than substance in the long run. When dealing with disaster management, what is truly national and what is truly local? Disasters are the “perfect” time, if only because of the confusion they sow and/or witness, for the central government to usurp some sovereign powers of its constituent states (and sometimes vice versa). This article examines where, in the American model with its strong federalism tradition, the constitutional tipping point lies. The article conveys the practical imperatives of federalism and why ordinary citizens should care: a federalist structure to promote democratic participation and the carrying out of democratic will by splitting up authority and stopping any one layer of government from becoming too powerful or making it a dysfunctional appendage. That has special significance in the disaster context, of course, and there is no better kaleidoscope than the recent Gulf of Mexico oil spill.


Riddhi Dasgupta
Doctoral student (Expropriation in International Investment Regimes), University of Cambridge.
Article

Sir William Dale Annual Memorial Lecture

Gender-Neutral Law Drafting: The Challenge of Translating Policy into Legislation

Journal European Journal of Law Reform, Issue 2 2011
Keywords legislation, policy, gender-neutral law drafting, New Zealand
Authors Margaret Wilson
AbstractAuthor's information

    For legislation to be inclusive it must be expressed in a way that is gender-neutral. Gender-neutral drafting became a policy issue in New Zealand in the 1980s and since that time gender-neutral drafting has become an accepted drafting practice. The issue has been to ensure previous legislation is gender-neutral. The Legislation Bill that is before the Parliament provides for legislation already enacted to be reviewed to remove gendered language. The main lesson to be learnt from the New Zealand experience is the need for political and bureaucratic commitment to gender-neutral drafting.


Margaret Wilson
Margaret Wilson is Professor of Law and Public Policy at the University of Waikato, New Zealand.
Article

Instructions to Draft Legislation

A Study on the Legislative Drafting Process in Malaysia

Journal European Journal of Law Reform, Issue 2 2011
Keywords legislative drafting process, role of instructing officer and drafter
Authors Rozmizan Muhamad
AbstractAuthor's information

    The importance of legislation is beyond any dispute. Legislation governed us perhaps even before our birth, certainly during our life and until our death. Even after our death there is still the Estate Duty Act to worry about, although of course the burden passes on to our executors or administrators. But day after day, many more new laws have been proposed and many existing laws have been revised and amended for various reasons and motives. The need for legislation has never diminished but continues to increase. Governments need legislation to govern, by which they achieve their political objectives and public policies. In other words, legislation is needed to affect changes in the law, to interfere with vested rights and interests, and to impose taxes, duties, excise and imposts. Such need originates from one or more of a great many sources such as a commission of inquiry, politicians, a particular pressure group or the public as a whole and also a reaction to social situations which seemingly develop independently or deliberately


Rozmizan Muhamad
Rozmizan Muhamad is a drafter at the Malaysian Attorney-General’s office.

    The unification or harmonisation of laws and legal systems is not a new phenomenon. Schmitthoff describes the wave of national unification of commercial laws in Europe during the nineteenth century as a method of obtaining political unity. According to Faria similar results were achieved on a wider scale by the dissemination of English legal traditions throughout common law jurisdictions. What he describes as the “ultimate goal”, however, was the unification of private law, the benefits of which had been extolled by Lord Justice Kennedy as early as 1909.


Riekie Wandrag
LL.B., LL.M. (Free State University), LL.M. (Cambridge), Associate Professor of Law, University of the Western Cape.
Article

Chinese Judicial Methodologies to Determine the Validity of Arbitration Agreements

“Arbitration in Hong Kong and English Law to Apply” as an Example

Journal European Journal of Law Reform, Issue 3-4 2011
Authors Song Lianbin and Sophia Juan Yang
AbstractAuthor's information

    As Financial Times says, “it is now difficult to consider African prospects without the mention of China, which in the past decade has increased trade with the continent 10-fold – from $ 10 billion to more than $ 100 billion and has overtaken the US and the Europe as the largest trading partner in some important economies”.1x See Financial Times Special Report on Africa-China Trade, available at <http://media.ft.com/cms/de832bb2-7500-11df-aed7-00144feabdc0.pdf>. Africa has particular needs for cost-effective and time-effective mechanisms for resolving trade disputes with Chinese parties. The most preferred choice is, not surprisingly, commercial arbitration.

Noten


Song Lianbin
Song Lianbin is Professor in Law, Wuhan University, Wuhan, China.

Sophia Juan Yang
Sophia Juan Yang is Dr. iur. (University of Basel, Switzerland), LL.M. (Wuhan), former Research Assistent for Global Sales Law Project.
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.
Article

The Need to Implement the Outer Space Treaty through National Law in the Light of the Current and Foreseeable Space Activity

2010 IISL-ECSL Space Law Symposium Held on the Occasion of the 49th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "National Space Legislation: Crafting Legal Engines for the Growth of Space Activities"

Journal International Institute of Space Law, Issue 9 2010
Authors A. Kerrest

A. Kerrest

S. Ospina

H.R. Hertzfeld
Article

Constitutional Review in the Caribbean

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords Guyana, electoral reform, constitutional reform, international human rights law, Caribbean
Authors Avril Anande Trotman-Joseph
AbstractAuthor's information

    Guyana, South America, is a former colony of Britain and the only English-speaking country in South America, but has more in common with its English-speaking Caribbean neighbours. Constitutional reform and resulting constitutional amendments were precipitated in 1999-2000 by civil unrest following national elections and dissatisfaction by the major opposition with the outcome of an election characterized by ethnic differences between respective supporters of parties backed by followers of traditionally Indian, African and Amerindian origin. This process was a brokered effort to ameliorate the national dissatisfaction and an opportunity for civil society representatives and political representatives of the unicameral House of Parliament to work together in recommending electoral and constitutional reform. The outcome was the radical reform and modernization of the constitutional entrenchment of the modern concepts of international human rights law. In this regard Guyana is ahead of the other sister nations of the Caribbean, CARICOM grouping in terms of constitutional advancements. However, the political will to realize far-reaching electoral and governance reforms, as well as the effective implementation of the entrenched human rights reforms, still lags behind, despite the amendment of the constitution, the appointment of several commissions and the establishment of a parliamentary oversight committee tasked with continuous constitution review.


Avril Anande Trotman-Joseph
Avril Anande Trotman-Joseph is presently a law partner with the firm of Joseph & Joseph in Saint George’s, Grenada. She is an OAS and UNIFEM Consultant in the Caribbean; she serves on the Board of the Caribbean Institute of Leadership and as Deputy Chairperson of Grenada’s Integrity and Anti Corruption Commission.
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