Search result: 15 articles

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Article

New Sales and Contract Law in Argentina and France:

Models for Reform Inspired by the CISG and the PICC?

Journal European Journal of Law Reform, Issue 2 2020
Keywords contracts, sales, law reform, CISG, UNIDROIT Principles, Argentina, France, comparative law
Authors Edgardo Muñoz and Inés Morfín Kroepfly
AbstractAuthor's information

    The Argentine and the French civil codes have recently undergone substantial modifications to their contract law provisions. These novel statutes could serve as models for future B2B contract law reforms in Latin American jurisdictions and beyond, as former Argentine and French laws have done in the past. The authors offer a contribution that paves the way in that direction with a systematic comparative analysis. As a starting point, this article unveils the influence that the modern unified laws on contracts (UNIDROIT Principles on International Commercial Contracts (PICC) and United Nations Convention for the International Sale of Goods of 1980 (CISG)) have in Argentina’s and France’s new contract law. It also highlights the most obvious similarities and differences in both sets of rules. This contribution goes beyond simple tertium comparisons; the authors analyse which of the two laws offers better, or more effective, rules to achieve the desired contract law functions in various matters. Readers are provided with the best rule or solution to address the problem in question and, as the authors hope, they should conclude that both models provide for a range of complementary solutions for modern contract law reforms.


Edgardo Muñoz
Professor of Law, Universidad Panamericana. School of Law. Calzada Álvaro del Portillo 49, Zapopan, Jalisco, 45010, Mexico. Ph.D. (Basel), LL.M. (UC Berkeley), LL.M. (Liverpool), LL.B. (UIA Mexico), DEUF (Lyon), emunoz@up.edu.mx.

Inés Morfín Kroepfly
J.D., Universidad Panamericana, Guadalajara.
Article

Certain Factors Influencing Compliance with International Humanitarian Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords implementation of international humanitarian law, compliance measures and mechanisms, enforcement of international humanitarian law, non-state actors, individual criminal responsibility
Authors Réka Varga
AbstractAuthor's information

    There are various mechanisms within and outside the sphere of international humanitarian law (IHL) which contribute to a better application, respect and enforcement of its rules. The present study takes stock of specific factors or mechanisms that may have an effect on better respect. This analysis attempts to demonstrate that even though states could not agree on the setting up of a permanent mechanism to meet regularly and discuss IHLrelated issues (the so-called Compliance process), there are certain instruments which could lead to similar result. The UN’s role with respect to IHL is examined. The International Criminal Court (ICC) is also briefly analyzed from this perspective, bearing in mind the international politics within which it has to function. The International Humanitarian Fact-Finding Commission (IHFFC) that has successfully completed its first mandate is a string of hope if more frequently used. Soft law documents are filling a void caused by the fatigue of states in adopting new rules, at the same time they start to have a similarly binding effect as legally binding obligations. All these factors become especially interesting if we understand that most conflicts today are fought with the involvement of non-state armed groups who are not involved in law-making. This reality gives training, both within state and non-state armed forces a special significance. States should also make efforts to undertake enquiries in cases of serious violations of IHL, as well as through exercising jurisdiction to repress violations, be they their own nationals or not.


Réka Varga
Associate professor, Pázmány Péter Catholic University, Budapest; Member of the International Humanitarian Fact-Finding Commission.
Article

“Leviathan Lite” - Towards a Global Stewardship Organization for Space Domain Awareness, Conduct, And Remediation

Journal International Institute of Space Law, Issue 8 2018
Keywords Satellite Regulation, Space Traffic Management, Social Contract
Authors Harrison E. Kearby, John M. Horack and Elizabeth K. Newton
AbstractAuthor's information

    This paper examines the dimensions, legal and policy implications, and ramifications of a proposed International Space Situational Awareness Organization (ISSAO), whose charter would be to provide leadership for international and collaborative stewardship of the space environment in LEO and beyond. As ever more satellites, rockets, and space stations are launched into space, the need for debris tracking, debris remediation, orbital traffic deconfliction, and definitions of ‘best practices in caretaking the space environment’ grow. Current organizations and programs are successful, at least to some extent, in educating the world on the potential dangers of space debris, and the importance of space situational awareness, yet they have little legal or political standing to provide enforcement, compliance, or remediation. Many global discussions related to space situational domain awareness have called for a cooperative international effort to create guidelines, if not charter an organization tasked with the stewardship of the space environment. Here, we examine important precedents set forth in international law and cooperation, and apply these to a proposed comprehensive body to steward space situational awareness and debris mitigation. We elucidate the requirements, enforceable powers, and probable limits of such an organization as well as important questions to be answered prior to establishment of such a body.


Harrison E. Kearby
Department of Mechanical and Aerospace Engineering, John Glenn College of Public Affairs, The Ohio State University.

John M. Horack
Department of Mechanical and Aerospace Engineering, The Ohio State University.

Elizabeth K. Newton
John Glenn College of Public Affairs, The Ohio State University.

Martin Brink
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The Spanish Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Supervised release, supervision, sex offenders, dangerousness, safety measures, societal upheaval, proportionality
Authors Lucía Martínez Garay and Jorge Correcher Mira
AbstractAuthor's information

    This article presents an overview of the legal regime provided in the Spanish system of criminal sanctions regarding the control of dangerous sex offenders in the community. It focuses on the introduction, in 2010, of a post-prison safety measure named supervised release. We describe the context of its introduction in the Spanish Criminal Code, considering the influence of societal upheaval concerning dangerous sex offenders in its development, and also the historical and theoretical features of the Spanish system of criminal sanctions. We also analyse the legal framework of supervised release, the existing case law about it and how the legal doctrine has until now assessed this measure. After this analysis, the main aim of this article consists in evaluating the effectiveness and the proportionality of the measure, according to the principle of minimal constraints and the rehabilitative function of the criminal sanctions in Spanish law, stated in Article 25.2 of the Spanish Constitution.


Lucía Martínez Garay
Lucía Martínez Garay is a Senior Lecturer at the University of Valencia, Department of Criminal Law.

Jorge Correcher Mira
Jorge Correcher Mira, Ph.D., is an Assistant Lecturer at the University of Valencia, Department of Criminal Law.
Article

Access_open The Right to Mental Health in the Digital Era

Journal Erasmus Law Review, Issue 3 2016
Keywords E-health, e-mental health, right to health, right to mental health
Authors Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj
AbstractAuthor's information

    People with mental illness usually experience higher rates of disability and mortality. Often, health care systems do not adequately respond to the burden of mental disorders worldwide. The number of health care providers dealing with mental health care is insufficient in many countries. Equal access to necessary health services should be granted to mentally ill people without any discrimination. E-mental health is expected to enhance the quality of care as well as accessibility, availability and affordability of services. This paper examines under what conditions e-mental health can contribute to realising the right to health by using the availability, accessibility, acceptability and quality (AAAQ) framework that is developed by the Committee on Economic, Social and Cultural Rights. Research shows e-mental health facilitates dissemination of information, remote consultation and patient monitoring and might increase access to mental health care. Furthermore, patient participation might increase, and stigma and discrimination might be reduced by the use of e-mental health. However, e-mental health might not increase the access to health care for everyone, such as the digitally illiterate or those who do not have access to the Internet. The affordability of this service, when it is not covered by insurance, can be a barrier to access to this service. In addition, not all e-mental health services are acceptable and of good quality. Policy makers should adopt new legal policies to respond to the present and future developments of modern technologies in health, as well as e-Mental health. To analyse the impact of e-mental health on the right to health, additional research is necessary.


Fatemeh Kokabisaghi
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Iris Bakx
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Blerta Zenelaj
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

María-del-Carmen Muñoz-Rodríguez
Associate Professor of Public International Law and European Union Law, University of Jaén, Spain

Frank Emmert

Federico Ferretti
Avvocato and Lecturer, Brunel Law School, Brunel University, UK.
Article

The Return of Objects Launched into Outer Space: Some Legal Questions

The 40th Anniversary of the Rescue Agreement: Looking Ahead

Journal International Institute of Space Law, Issue 2 2008
Authors J.M. de Faraminán Gilbert and M. del Carmen Munoz Rodriguez

J.M. de Faraminán Gilbert

M. del Carmen Munoz Rodriguez
Article

Report of the 51st Colloquium on the Law of Outer Space in Glasgow, Scotland, September 2008

Glasgow Session Reports

Journal International Institute of Space Law, Issue 6 2008
Authors C. Doldirina, F. Tronchetti, Y. Takaya-Umehara e.a.

C. Doldirina

F. Tronchetti

Y. Takaya-Umehara

S. Ospina

C. Constant-Jorgenson
Article

The Cooperation Between ESA and EU Regarding the Earth Observation

Cooperation in Space Activities, With Special Focus on Remote Sensing

Journal International Institute of Space Law, Issue 4 2006
Authors M. del Carmen Munoz Rodríguez and J. de Faraminán Gilbert

M. del Carmen Munoz Rodríguez

J. de Faraminán Gilbert
Article

European Space Policy: A Common Future for ESA and EU

International Law and Practice of Agreements on Cooperation Regarding Space Activities

Journal International Institute of Space Law, Issue 2 2004
Authors J.M. Faraminán Gilbert and Ma del Carmen Munoz Rodríguez

J.M. Faraminán Gilbert

Ma del Carmen Munoz Rodríguez
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