Search result: 301 articles

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Olusoji Nester John
Space Application Laboratory (South-West), National Space Research and Development Agency,Nigeria, Ile-Ife, Nigeria

Eguaroje Ezekierl
Space Application Laboratory (South-West), National Space Research and Development Agency,Nigeria, Ile-Ife, Nigeria

Dr. S.O. Mohammed
National Space Research and Development Agency, Abuja, Nigeria, Garki, Abuja, Nigeria

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

    Even amongst those clauses frequently found in commercial contracts in general and sales contracts in particular, agreed sums enjoy exceptional popularity. Now, when I say ‘agreed sum’, of course I do not talk about the purchase price but about clauses that in traditional terminology are called penalty or liquidated damages clauses.


Pascal Hachem
Dr. iur. (University of Basel, Switzerland), ACIArb, Senior Researcher in the Global Sales Law Project at the Chair of Private Law held by Prof. Dr. Ingeborg Schwenzer, LL.M. and Lecturer of Comparative Private Law and International Trade Law at the University of Basel, Switzerland.

    This paper will make the case for more widespread African adherence to the United Nations Convention on the International Sale of Goods, 1980 (“CISG”) on the ground that it represents an effort through the United Nations system to make available harmonised rules on the international sale of goods which are intended to have an international and universal reach. The paper begins with an introduction which briefly examines the origins of CISG and proceeds to discuss the relevance of CISG to Africa. It ends with a recommendation to African States to accede to, or ratify, the Convention.


S.K. Date-Bah
LL.B (Ghana), LL.M (Yale), Ph.D (London School of Economics), Professor of law. Justice at the Supreme Court of Ghana.

    When discussing regional and global unification of sales law it seems appropriate to briefly mention the globalisation of trade. The overall development of international trade over the last half century is startling. Although in Fall 2008 and persisting into 2009 there was a sharp decline worldwide – in 2009 alone the drop amounted to 12% –, preliminary figures indicate a strong rebound, with value of trade in 2010 said to expand by 9,5% compared to 2009. WTO figures for 2008 indicate that worldwide merchandise export trade amounted to 15,717 billion USD and worldwide merchandise import trade to 16,127 billion USD. These figures are approximately 100 times more than 45 years ago and more than 10 times the level at the time of the signing of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) in 1980. The average annual growth from 2000 to 2008 was more than 5% for both exports and imports worldwide. No longer is the highest growth found in North America, Europe and Japan, but instead it is the transition economies from different points of the globe – particularly China, Brazil, Russia and some African countries. Disregarding the figures for 2009, in Africa the annual growth of exports amounted to 18% in 2007 and 28% in 2008, that of imports to 23% in 2007 and to 27% in 2008.


Ingeborg Schwenzer
Dr. iur (Freiburg, Germany), LL.M. (Berkeley, USA), Professor for Private Law, University of Basel, Switzerland.

Hans-Jürgen Wagener
Dr. Hans-Jrgen Wagener is Professor emeritus of Europa-Universitt Viadrina at Frankfurt (Oder) and Rijksuniversiteit Groningen. The author is obliged to several commentators and referees for valuable criticism.
Article

Introduction, Problem and Finalists Briefs

19th Manfred Lachs Space Law Moot Court Competition, 2010: Case Concerning Suborbital Tourism, Definition of Outer Space and Liability (Aspirantia v. Republica)

Journal International Institute of Space Law, Issue 12 2010
Article

Appropriateness of the Moon Agreement for Lunar Exploration and Use

Global Lunar Conference in Beijing, China: IISL Session

Journal International Institute of Space Law, Issue 10 2010
Authors R. Jakhu, S. Hobe and S. Freeland

R. Jakhu

S. Hobe

S. Freeland
Article

Legal Aspects of International Cooperation in China's Manned Space Flights

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

Journal International Institute of Space Law, Issue 8 2010
Authors H. Zhao and X. Wu

H. Zhao

X. Wu

M. Bahrami

A. Golroo
Article

Is there a Future for Space Law Beyond "Soft Law"?

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

Journal International Institute of Space Law, Issue 4 2010
Authors J. Monserrat Filho and A.F. dos Santos

J. Monserrat Filho

A.F. dos Santos

A.F. dos Santos
Article

What Critiques Have Been Made of the Socratic Method in Legal Education?

The Socratic Method in Legal Education: Uses, Abuses and Beyond

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords Socratic method, legal education, learning theory, critical thinking, feminist pedagogy
Authors Christie A. Linskens Christie
AbstractAuthor's information

    Legal education is known for its use of the Socratic method. It appears, however, that the Socratic method may not be just for law students any more: American educators are now considering the method in the teaching of non-law school students. One perceived benefit of teaching by the Socratic method is that a student will learn by critical thinking rather than rote memorization. A major criticism of the method, however, is that a student may suffer low self-esteem from the perception that the method engages in ‘bullying’. The articles discussed in this literature review address the method in learning theory, the method in law school, criticisms of the method and proposals to use the method for non-law students. This article will analyze the Socratic method, the pros and cons of the method and its application outside of the law school.


Christie A. Linskens Christie
Christie A. Linskens Christie is a PhD Student, Urban Education at the University of Wisconsin-Milwaukee, Adjunct Professor at Marquette University Law School and Staff Attorney, Legal Aid Society of Milwaukee, Inc.
Article

The Right to Food

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords food crisis, right to food
Authors Ying Chen
AbstractAuthor's information

    With the development of society, new agricultural technologies have been widely introduced and effectively applied to agricultural cultivation. Agricultural productive capacity has greatly improved and the world’s food producers are capable of providing all the people on this planet with sufficient food to satisfy everyday dietary needs for a healthy life. Ironically, food insecurity continues to be a critical issue in the contemporary world. More than 923 million people suffer from chronic hunger, malnutrition or related diseases, and this number grows with continually rising food prices. This article responds to the current food insecurity by addressing a new issue: is there any legal basis for both the international community and national governments to protect vulnerable people from hunger and malnutrition?


Ying Chen
S.J.D. Candidate, LL.M., Indiana University School of Law Indianapolis.
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.
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.

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


Article

Space Cooperation in the Asia-Pacific: The Story (or Stories) of APSCO and APRSAF

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

Journal International Institute of Space Law, Issue 1 2009
Authors D.K.-W. Chen and S. Wan

D.K.-W. Chen

S. Wan
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