The partner states in the East African Community (EAC) have modernized their commercial laws to claim their post-colonial identity and facilitate development. While law reform and the harmonization of laws are both methods of shaping laws, the national law reform programmes in the EAC mainly aim to ensure that the laws reflect the domestic socioeconomic circumstances, in contrast to the harmonization of national commercial laws, which focuses on the attainment of economic development. This article observes that the reformed and harmonized commercial laws in the EAC are mainly legal transplants of the principles of transnational commercial law that have been adapted to meet domestic needs and aspirations. |
Search result: 623 articles
Article |
The Reform and Harmonization of Commercial Laws in the East African Community |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | law reform, harmonization of laws, commercial laws, legal transplants, East African Community |
Authors | Agasha Mugasha |
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Article |
The Legitimacy of Final Statements and Reports of National Contact PointsAn Empirical Analysis of (Final) Statements and Reports of the UK, US and Dutch National Contact Point of the Organisation for Economic Co-operation and Development (2001-2016) |
Journal | Corporate Mediation Journal, Issue 2 2017 |
Authors | Sander van ’t Foort, Vivan IJzerman, Jasmin Lagziel e.a. |
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Case Reports |
2017/46 Supreme Court upholds right to equal survivors’ pensions for same-sex partners (UK) |
Journal | European Employment Law Cases, Issue 4 2017 |
Keywords | Sexual orientation discrimination |
Authors | Anna Bond |
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The Supreme Court has ruled in favour of a man seeking to establish that, if he died, his husband should be entitled to the same survivor’s pension as a female spouse would receive in the same circumstances. The Court unanimously held that an exemption in the Equality Act 2010 allowing employers to exclude same-sex partners from pension benefits accruing before December 2005, was incompatible with EU law and should be disapplied. |
Article |
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Journal | Erasmus Law Review, Issue 3 2017 |
Keywords | same-sex marriage, gay marriage, European consensus, margin of appreciation, consensus-based analysis by the ECtHR |
Authors | Masuma Shahid |
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This contribution assesses the consensus-based analysis and reasoning of the European Court of Human Rights in recent judgments concerning equal marriage rights and compares it to the Court’s past jurisprudence on European consensus and the margin of appreciation awarded to Member States regarding the issue of equal marriage rights. The contribution aims to analyse whether there is a parallel to be seen between the rapid global trend of legalisation of same-sex marriage and the development or evolution of the case law of the ECtHR on the same topic. Furthermore, it demonstrates that the Court’s consensus-based analysis is problematic for several reasons and provides possible alternative approaches to the balancing of the Court between, on the one hand, protecting rights of minorities (in this case same-sex couples invoking equal marriage rights) under the European Convention on Human Rights and, on the other hand, maintaining its credibility, authority and legitimacy towards Member States that might disapprove of the evolving case law in the context of same-sex relationships. It also offers insights as to the future of European consensus in the context of equal marriage rights and ends with some concluding remarks. |
Article |
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Journal | Erasmus Law Review, Issue 3 2017 |
Keywords | access to justice, procedural law, courts, civil justice reform, comparative law |
Authors | Catherine Piché |
AbstractAuthor's information |
Canada has a complex system of courts that seek to serve Canadians in view of the traditional objectives of civil justice – principally accessibility, efficiency, fairness, efficacy, proportionality and equality. The Canadian court system is generally considered by its users to work well and to have legitimacy. Yet, researchers have found that ‘there is a tendency for people involved in a civil case to become disillusioned about the ability of the system to effect a fair and timely resolution to a civil justice problem’. This article will discuss the ways in which reforms of procedural law and civil justice have originated and continue to be made throughout Canada, both nationally and provincially, as well as the trends and influences in making these reforms. With hundreds of contemporary procedural reforms having been discussed, proposed and/or completed since the first days of Canadian colonisation on a national basis and in the Canadian provinces and territory, providing a detailed analysis will prove challenging. This article will nonetheless provide a review of civil justice and procedural reform issues in Canada, focusing principally, at the provincial level, on the systems of Ontario and Quebec. Importantly, I will seek to reconcile the increasing willingness to have an economically efficient civil justice and the increased power of judges in managing cases, with our court system’s invasion of ADR and its prioritisation of informal modes of adjudication. |
Article |
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Journal | Erasmus Law Review, Issue 3 2017 |
Keywords | sentencing, retribution, just deserts, punishment, Malawi |
Authors | Esther Gumboh |
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The theory of retribution is a central tenet in Malawian sentencing jurisprudence. Courts have given expression to retribution in various ways, most conspicuously through the recognition of the principle of proportionality as the most important principle in sentencing. Retribution has permeated courts’ consideration of certain sentencing factors such as the seriousness of the offence, family obligations and public opinion. Overall, retribution rightly plays a pivotal role in Malawian sentencing jurisprudence by elevating the principle of proportionality to the most important principle in sentencing. Malawian courts have also noted that whether in pursuit of retribution or utilitarianism, the ultimate objective is to arrive at a sentence that is just and fair in relation to the crime and the offender. This also ensures that the sentence imposed does not offend the prohibition of cruel, inhuman and degrading punishment. |
Editorial |
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Journal | Erasmus Law Review, Issue 3 2017 |
Authors | Kristin Henrard |
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Article |
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Journal | Erasmus Law Review, Issue 3 2017 |
Keywords | voting pattern, ICJ judges, empirical research |
Authors | Xuechan Ma and Shuai Guo |
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The Statute of the International Court of Justice stipulates that judges shall exercise their powers impartially. We question the practicability of this statement and examine whether the voting pattern of the judges are biased. In this light, empirical research is conducted on cases adjudicated from 2005 to 2016. We find strong evidence that (1) judges favour their home States or appointing States; and (2) judges favour States that speak same majority language with their home States. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2017 |
Keywords | Sincerity of emotions, Guilt, Feelings, Apology, Offender |
Authors | Margreet Luth-Morgan |
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This paper discusses the meaning and the importance of emotions, in particular the sincere guilt feelings of the offender. It is argued that the emotion of guilt reveals important information about the offender’s values and normative position. In the remainder of the paper, special consideration is awarded to the argument concerning ritual apologies, which might contain value even when insincere. This argument is rejected, on two grounds: 1. if the apology ritual does not aim for sincere guilt feelings, then the use of the symbol of apology is not fitting; and 2. if the apology ritual does aim for sincere guilt, then an insincere apology devalues the sincere expression. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2017 |
Keywords | Klaas Rozemond, Ronald M. Dworkin, Legality in criminal law, Rights conception of the rule of law, Legal certainty |
Authors | Briain Jansen |
AbstractAuthor's information |
The extensive interpretation of criminal law to the detriment of the defendant in criminal law is often problematized in doctrinal theory. Extensive interpretation is then argued to be problematic in the light of important ideals such as democracy and legal certainty in criminal law. In the Dutch discussion of this issue, Klaas Rozemond has argued that sometimes extensive interpretation is mandated by the rule of law in order to protect the rights of victims. Rozemond grounds his argument on a reading of Dworkin’s distinction between the rule-book and the rights conception of the rule of law. In this article, I argue that Dworkin’s rights conception, properly considered, does not necessarily mandate the imposition of criminal law or its extensive interpretation in court in order to protect victims’ rights. |
Article |
Equal Access to Information & Justice: A Report on the Online Dispute Resolution (ODR) Forum 2017The Huge Potential of ODR, Greatly Underexplored (Paris, France, 12 and 13 June 2017) |
Journal | International Journal of Online Dispute Resolution, Issue 1 2017 |
Keywords | ODR, equal access, justice online, information online, ICC |
Authors | Mirèze Philippe |
AbstractAuthor's information |
This article is a brief report on the two-day conference on ‘Equal Access to Information & Justice, Online Dispute Resolution’, organized by the ICC in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organizations and online dispute resolution providers, from over 30 countries and representing each continent debated about the use of technology for the resolution of all types of disputes. The 60 speakers explored the future of dispute resolution and the role of technology in all legal fields, from mediation in conflict zones, to commercial and civil disputes. The huge potentials greatly underexplored were discussed. It was noted that much remains to be done to educate users and convince state courts, dispute resolution organizations, merchants and other services’ providers to offer access to justice online. Efforts must be undertaken to allow users seek remedy in an affordable way. The solution for an equal access to justice is to make such access available online. The issues of ethics and standards were also discussed, as well as the increase concern of data protection and cybersecurity. The recording of the discussions on the panels are available on the ICC Digital Library (ICCDRL). |
Article |
The 2017 Manfred Lachs Space Law Moot Court CompetitionCase Concerning Lunar Facilities and Withdrawal from the Outer Space Treaty (Republic of Perovsk v. Republic of Titan) |
Journal | International Institute of Space Law, Issue 12 2017 |
Authors | Melissa K. Force |
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Article |
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Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Keywords | Online Dispute Resolution, ODR, ADR, e-Commerce |
Authors | Hiroki Habuka and Colin Rule |
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Information technology has dramatically changed the way consumers and businesses transact around the world. Many consumer goods (such as videos, music and software) are purchased online through the Internet instead of through physical stores. Businesses have similarly migrated many of their commercial transactions online, including proposals, due diligence, negotiation and signing. However, most dispute resolution processes have not yet made a similar move; they occur face-to-face, even when the dispute arose online. This has led to a new type of dispute resolution, called ODR (or Online Dispute Resolution). ODR is the use of technology to resolve disputes, and it is being promoted in many countries around the world as a model for civil justice in an online age. North America and the European Union (EU) have aggressively promoted ODR, and there are many ODR projects currently underway. As one of the leading online economies in the world, Japan is facing many of the same challenges as the rest of the world in providing fast and fair resolutions to online consumers. But to date, ODR has not gotten much traction in Japan. Recently, the Japanese Consumer Network published a report about ODR for cross-border e-commerce transactions and encouraged the government to establish a working group for implementation of ODR. However, discussion by multiple stakeholders towards practical implementation of ODR has not yet started in earnest. This article aims to focus the discussion about how to implement ODR in Japan, providing information about the latest developments in global ODR frameworks and envisioning the challenges ODR faces in the Japanese market. |
Conference Paper |
Opening Remarks by Conference Chair Graham Ross |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | Graham Ross |
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Conference Paper |
Conference Opening Remarks |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Keywords | Online Dispute Resolution, online court, access to justice, technology and the law |
Authors | Lord Justice Briggs |
AbstractAuthor's information |
Lord Justice Briggs has been intimately involved in the development of technology for improving access to justice in the UK. He was the author of a report that energized the move toward online dispute resolution in the courts. These remarks are a retrospective look at his work, now that he is a member of the UK Supreme Court, and no longer involved day-to-day in ODR development. |
Conference Paper |
Recent ODR Developments in China |
Journal | International Journal of Online Dispute Resolution, Issue 2 2017 |
Authors | FANG Xuhui |
Author's information |
Article |
Le jugement de Hissène HabréUne justice réparatrice exemplaire? |
Journal | African Journal of International Criminal Justice, Issue 1-2 2017 |
Keywords | Restorative justice / justice réparatrice, victim / victime, reparation / réparation, Trust Fund for Victims / Fonds au profit des victimes, compensation / indemnisation |
Authors | Etienne Kentsa |
AbstractAuthor's information |
The ruling of the African Extraordinary Chamber of Appeal in the Habré case is a resounding precedent, particularly in the area of reparations for victims of serious violations of international law. This article focuses on the process of identifying victims or beneficiaries of reparations and the reasons that led judges to favor compensation as a form of reparation. Moreover, the modalities for the implementation of reparations awarded are of paramount importance since, in the absence of effective remedies, the interest of the procedure would be considerably diminished. The implementation of reparations will certainly be the ultimate battle of the victims. Funding for the Trust Fund for Victims (FPV) is still expected. The Fund is expected to play a key role in implementing reparations for victims, the final judgment in this case is already an important precedent. Not only does it contribute to the consolidation of some advances in international criminal law in the field of restorative justice, but it also symbolizes Africa’s ability to prosecute and try the most serious international crimes committed in the region. |
Article |
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Journal | African Journal of International Criminal Justice, Issue 1-2 2017 |
Keywords | International criminal law, joint criminal enterprise, complicity, Chambres Africaines Extraordinaires / Extraordinary African Chambers, hybrid tribunals |
Authors | Kerstin Bree Carlson |
AbstractAuthor's information |
The Chambres Africaines Extraordinaires (CAE), ad hoc chambers operating under the auspices of the Dakar municipal courts, were constructed to try Hissène Habré. In targeting Habré, the CAE was designed to appease Chadian calls for justice (from Habré’s victims, on one hand, and the Déby regime, on the other), resolve Senegal’s impasse over the legality of Habré’s culpability and allow the African Union to meet its leadership obligations. To this tall order, the CAE was required to exercise legitimate judicial authority in the contested sphere of international criminal law (ICL), where content is pluralist and political. |
Article |
The Ringworm Case and the Lost Opportunities for the Construction of a Collective Healing Process |
Journal | International Journal of Conflict Engagement and Resolution, Issue 1 2017 |
Keywords | public health, apology, disclosure of medical errors, collective healing process, ringworm case |
Authors | Dr. Nili Karako Eyal |
AbstractAuthor's information |
The issue of apology and disclosure of medical errors in the context of the physician- patient relationship has attracted increasing attention in recent years. On the other hand, it has received little attention in the context of public health activities, thus missing the collective healing potential of apologizing and providing information to the public. |
Article |
Therapeutic Justice and Vaccination Compliance |
Journal | International Journal of Conflict Engagement and Resolution, Issue 1 2017 |
Keywords | public health, trust, vaccination, health law, health policy |
Authors | Shelly Kamin-Friedman |
AbstractAuthor's information |
Recent decades have witnessed the appearance of multiple grounds for vaccine hesitancy. One of the options to deal with this phenomenon is legislative. Given that vaccination enforcement through law raises allegations of infringement of constitutional rights, interventions seeking to promote vaccination compliance should rather address the factors that influence vaccine hesitancy, which are – by and large – related to trust in health authorities. Trust in health authorities may be promoted by a procedure for compensating the comparatively few vaccination victims reflecting a willingness to acknowledge liability and commitment to social justice. |