Search result: 21 articles

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Article

Access_open De blinde vlek in praktijk en discussie rond orgaandonatie

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Keywords organ donation, ethics of organ donation, symbolic nature of the human body, ethics and ritual, symbolic legislation theory
Authors Herman De Dijn
AbstractAuthor's information

    In countries like Belgium and The Netherlands, there seems to be overwhelming public acceptance of transplantation and organ donation. Yet, paradoxically, part of the public refuses post-mortal donation of their own organs or of those of family members. It is customary within the transplantation context to accept the refusal of organ donation by family members “in order to accommodate their feelings”. I argue that this attitude does not take seriously what is really behind the refusal of donation by (at least some) family members. My hypothesis is that even in very secularized societies, this refusal is determined by cultural-symbolic attitudes vis-à-vis the (dead) human body (and some of its parts). The blind spot for this reality, both in the practice of and discussions around organ donation, prevents understanding of what is producing the paradox mentioned.


Herman De Dijn
Herman De Dijn is emeritus hoogleraar wijsbegeerte aan de KU Leuven.

    This article engages in a comparison of the regulation of PR in the Netherlands and the UK (specifically England and Wales). The latter is a good comparator as it operates a similar regulatory approach to the Netherlands, that of conditional acceptance of PR, the condition being (prior) consent. Furthermore, the UK boasts a more detailed and mature legal framework that continues to be tested through caselaw, and thus offers insight into how a regulatory approach conditional upon the (prior) consent of the deceased can fare.
    The article starts with a brief exposition of the new Dutch guidelines and the current legislative position in the Netherlands vis-à-vis posthumous reproduction (part II). Likewise, the relevant UK guidelines and legislative position are summarized (part III). This article draws out the similarities and differences between the two regimes, as well as engaging in a critical analysis of the regulations themselves. It then looks at how the UK regime has been challenged in recent years through caselaw in anticipation of the issues that might confront the Netherlands in future (part IV). The article concludes (part V) that the key lesson to be drawn from the UK experience is that clarity and consistency is crucial in navigating this ethically, emotionally, and time sensitive area. Further, that both the UK and the Netherlands can expect demand for more detailed and precise regulatory guidance as requests for the procedure increase, and within evermore novel circumstances.

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    Dit artikel vergelijkt de regulering van postume reproductie (PR) in Nederland en het Verenigd Koninkrijk (in het bijzonder Engeland en Wales). Laatstgenoemde is daarvoor zeer geschikt, aangezien het VK een vergelijkbare reguleringsbenadering heeft als Nederland, namelijk de voorwaardelijke acceptatie van PR, waarbij (voorafgaande) toestemming de voorwaarde is. Bovendien beschikt het VK over een gedetailleerder en volwassener juridisch kader dat continu wordt getoetst door middel van rechtspraak. Dit kader biedt daarmee inzicht in hoe een regulerende benadering met als voorwaarde (voorafgaande) toestemming van de overledene kan verlopen.
    Het artikel vangt aan met een korte uiteenzetting van de nieuwe Nederlandse richtlijnen en de huidige positie van de Nederlandse wetgever ten opzichte van postume reproductie (deel II). De relevante Britse richtlijnen en het wetgevende standpunt worden eveneens samengevat (deel III). Vervolgens worden de overeenkomsten en verschillen tussen de twee regimes naar voren gebracht, met daarbij een kritische analyse van de regelgeving. Hierop volgt een beschrijving van hoe het VK de afgelopen jaren is uitgedaagd in de rechtspraak, daarmee anticiperend op vraagstukken waarmee Nederland in de toekomst te maken kan krijgen (deel IV). Tot slot volgt een conclusie (deel V) waarin wordt aangetoond dat de belangrijkste les die uit de Britse ervaring kan worden getrokken, is dat duidelijkheid en consistentie cruciaal zijn bij het navigeren door dit ethische, emotionele en tijdgevoelige gebied. En daarnaast, at zowel het VK als Nederland een vraag naar meer gedetailleerde en precieze regelgeving kunnen verwachten naarmate verzoeken om deze procedure toenemen, met daarbij steeds weer nieuwe omstandigheden.


Dr. N. Hyder-Rahman
Nishat Hyder-Rahman is a Post-doctoral Researcher at the Utrecht Centre for European Research into Family Law, Molengraaff Institute for Private Law, Utrecht University.
Article

The attitudes of prisoners towards participation in restorative justice procedures

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Restorative justice, prisons, incarceration, punishment
Authors Inbal Peleg-Koriat and Dana Weimann-Saks
AbstractAuthor's information

    Restorative justice can be implemented at different stages of criminal proceedings. In Israel, restorative justice processes are mainly used prior to sentencing, while there are no restorative programmes for adults following sentencing and while serving their prison sentences. The aim of the present study is to examine the possibility of implementing restorative processes within prison walls. To this end, the present study empirically investigates the level of readiness and willingness of prisoners (n = 110) from two large prisons in Israel to participate in restorative processes and examines the psychological mechanisms underlying their attitudes towards actual participation in these processes. The study proposes a model according to which the relationship between the cognitive component of attitude towards victims and the harm caused by the offence (beliefs and thoughts) and the behavioural component of attitude (the inclination to participate in restorative processes) is mediated by the affective component of attitude towards the offence (sense of guilt and shame). The findings of the study support the proposed model. The study also found that the more prisoners perceived the harm they caused as having more dimensions (physical, economic, emotional), the more positive their attitudes towards restorative justice would be. This study will advance research into restorative justice at a stage that has not previously been researched in Israel and has rarely been investigated elsewhere.


Inbal Peleg-Koriat
Inbal Peleg-Koriat, PhD, is a lawyer and conflict management and negotiation specialist, and a faculty member at the Yezreel Valley Academic College, Israel.

Dana Weimann-Saks
Dana Weimann-Saks, PhD, is a lawyer and a social psychologist, and also a faculty member at the Yezreel Valley Academic College.
Article

Victims’ Right to Reparation in Light of Institutional and Financial Challenges

The International Criminal Court and the Reparation for the Victims of the Bogoro Massacre

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Bogoro massacre (DRC), International Criminal Court, Katanga case, reparation, victims
Authors Péter Kovács
AbstractAuthor's information

    The aim of the article is the presentation of the recently issued documents – the ‘Order for reparation’ issued by the Trial Chamber II of the ICC and the document called ‘Notification’, recently adopted by the Trust Fund for Victims of the ICC – which are important first and foremost in the reparation procedure of the victims of the Bogoro massacre, subsequent to the case The Prosecutor v. Germain Katanga. Second, these documents will also have a considerable impact on the reparation procedures to be carried out by the ICC in the future. The reader can also see the interactions between classic sources of public international law and those norms which are very difficult to be characterized legally but without a doubt play a very important role during the procedure.


Péter Kovács
Professor of international law at the Péter Pázmány Catholic University, Budapest, and judge of the International Criminal Court (2015-2024).
Article

Trinity Lutheran and Its Implications for Federalism in the United States

Journal European Journal of Law Reform, Issue 2-3 2018
Keywords anti-Catholic bias, Baby Blaine Amendments, Blaine Amendments, federalism, free exercise, non-discrimination, religious animus
Authors Brett G. Scharffs
AbstractAuthor's information

    This article considers the ‘tire scrap’ playground case, Trinity Lutheran Church of Columbia, Inc. v. Comer, decided by the U.S. Supreme Court in the summer of 2017, and its implications for federalism in the United States. In Trinity Lutheran the U.S. Supreme Court held that the state of Missouri violated the Free Exercise Clause of the First Amendment by disqualifying a church-owned school from participating in a programme that provided state funding for updating playgrounds. The case has interesting Free Exercise Clause implications, because the Court emphasized the non-discrimination component of Free Exercise. It also has interesting implications for federalism, because Missouri’s State constitutional provision prohibiting state funding of religion was rooted in an era of anti-Catholic bias. These so-called State constitutional ‘Blaine Amendments’ exist in some form in as many as forty states. Although the Court did not explicitly address whether state Blaine Amendments violate the U.S. Constitution per se due to their history of religious animus, the Court held that this Blaine Amendment as applied here violated the Federal Constitution. This could have significant effects for the wall of separation between religion and the state, and might have especially significant implications for state funding of religion, including the ‘elephant in the room’ in this case, state educational ‘voucher’ programmes that provide state funding to parents who send their children to religiously affiliated schools.


Brett G. Scharffs
Director, International Center for Law and Religion Studies and Rex E. Lee Chair and Professor of Law, J. Reuben Clark Law School, Brigham Young University. BSBA, MA, Georgetown University; BPhil (Rhodes Scholar) Oxford University; JD, Yale Law School. Thanks to Kyle Harvey, BYU Law Class of 2019 for his research assistance. Heartfelt thanks also to Professor Csongor István Nagy for the invitation to contribute to this project. This volume (The EU Bill of Rights’ Diagonal Application to Member States. Ed. Csongor István Nagy) was published as part of the research project of the HAS-Szeged Federal Markets ‘Momentum’ Research Group.
Article

Access_open The Categorisation of Tax Jurisdictions in Comparative Tax Law Research

Journal Erasmus Law Review, Issue 4 2016
Keywords Classification of jurisdictions, international comparative tax law, tax law methodology
Authors Renate Buijze
AbstractAuthor's information

    The number of comparative tax law studies is substantial. The available literature on the methodology behind these tax comparisons, however, is rather limited and underdeveloped. This article aims to contribute to the theoretical background of tax comparisons by explicating methodological considerations in a comparative tax research on tax incentives for cross-border donations and relating it to the available methodological literature. Two aspects of tax law make comparative research in tax law a challenging endeavour: its complexity and fast-changing nature. To overcome these issues, this article proposes to divide jurisdictions into a limited number of categories. In this process the different legal levels are analysed systematically, resulting in categories of jurisdictions. Among the jurisdictions in one category, common characteristics are identified. This results in an abstract description of the category. I use the term ‘ideal types’ for these categories. The high level of abstraction in the use of ideal types allows for comparison of tax jurisdictions, without the risk that the comparison gets outdated. An additional advantage of working with ideal types is that the conclusions of the comparison can be applied to all jurisdictions that fit in the ideal type. This increases the generalisability of the conclusions of the comparative tax research.


Renate Buijze
PhD candidate at the Erasmus University Rotterdam. Email: buijze@law.eur.nl.

    This report discusses the interesting remarks and conclusions made by the speakers at the ERA seminar, ‘Recent Case Law of the European Court of Human Rights in Family Law Matters’, which took place in Strasbourg on 11-12 February 2016. The report starts with a brief discussion on the shifting notion of ‘family life’ in the case law of the ECtHR, then turns to best interests of the child in international child abduction cases, the Court’s recognition of LGBT rights and finally the spectrum of challenges regarding reproductive rights in the Court’s case law. The overarching general trend is that the Court is increasingly faced with issues concerning non-traditional forms of family and with issues caused by the internationalisation of families. How this is seen in the Court’s recent case law and how it effects the various areas of family law is discussed in this report.


Charlotte Mol LL.B.
Charlotte Mol is a Legal Research Master student at the University of Utrecht, where she specializes in family law and private international law. She has assisted the Commission on European Family Law with the editing of the comparative study on informal relationships. As a guest student she visited the University of Antwerp for two months, where she researched the best interests of the child in international child abduction cases in collaboration with, and under the supervision of, Prof. Thalia Kruger. She holds a European Law School LL.B. from Maastricht University.
Article

Medically Assisted Reproduction in Egypt, Iran, Saudi Arabia and the United Arab Emirates

Sunni and Shia Legal Debates

Journal European Journal of Law Reform, Issue 2 2014
Keywords medically assisted reproduction, Islam, Middle East, family formation, law
Authors Andrea Büchler and Eveline Schneider Kayasseh
AbstractAuthor's information

    Since the mid-1980s, biotechnologies have been widely used to assist human conception around the world, and especially in the Middle East. In this article, our main focus is the United Arab Emirates (UAE), as well as Egypt, the Islamic Republic of Iran, and Saudi-Arabia. In these Muslim-majority countries, an ever rising demand for fertility treatments runs parallel to far-reaching demographic and social changes. While assisted reproductive technologies offer various methods to pursue the desire to have biological children, they do also underscore religious and cultural sensibilities about traditional male-female relationships and family formation.
    In order to outline contemporary opinions and state laws and regulations in the countries mentioned in the outset, core notions and concepts of the Islamic family that are relevant for understanding attitudes regarding reproductive medicine and that have influence on couples seeking fertility treatment are outlined. It is also shown how ethical-juridical considerations have shaped the scholarly discourse about assisted reproduction. In this context, assisted reproductive techniques that include eggs, sperm, embryos, or wombs from third parties have been particularly contentious. In fact, there remain different views among Islamic jurists and senior clerics in Shia Islam regarding ethically controversial issues such as egg and sperm donation, as well as surrogate motherhood. While the number of IVF-clinics is on the rise in all countries discussed in this article, only in the UAE are clinics operating with rather comprehensive legislative oversight.


Andrea Büchler
University of Zurich, Switzerland.

Eveline Schneider Kayasseh
University of Zurich, Switzerland.
Article

Islamic Policy of Environmental Conservation

1,500 Years Old – Yet Thoroughly Modern

Journal European Journal of Law Reform, Issue 2 2014
Keywords environment, waqf (endowment), khalifa (steward), God's equilibrium, Arab Spring
Authors Mohamed A. ‘Arafa
AbstractAuthor's information

    Any legal system plays a significant role in the principle underlying its legal doctrines. The legal system works in compliance with, or as a consequence of cultural order. In other words, any legal system is restricted to a certain environment and subject to cultural impact. Culture and law operate in conjunction. Politics and economy are, among others, the main disciplines affecting that legal system including environmental laws and natural resources. The present article attempts a comparative analysis of three different legal systems and their approaches to environmental law, contributing to the extensive literature on this area of law in numerous areas of the world such as the United States, Europe, and the Middle East. However, that literature appears to have had little coverage of the treatment of environmental law in Islamic law, one of the three main global legal systems together with common and civil law. The bold spread of Islamic tendency in the Middle East that followed the so-called “Arab Spring” assures major changes in the political and economic sphere, including environmental and natural resource levels. Environmental threats are very pressing all over the world, as the Earth needs to be protected through the adoption of universally applicable legal rules and the right to a healthy environment needs to be elaborated on in international instruments. It is very significant to understand Islam's overall view of the universe to comprehend the gap between Islamic theories and practices in Muslim countries. The universe is full of diversified creatures that aim to fulfill man's needs and prove God's greatness. The Qur'an states: “Have you not seen that God is glorified by all in the heavens and on earth, such as birds with wings outspread? Each knows its worship and glorification, and God is aware of what they do.”All creatures in the universe perform two specific roles: a religious role of evidencing God's perfection and presence and a social role of serving man and other creatures. The final outcome is the solidarity of the universe and the realization of its common good (benefit).
    Man's position in the universe is premised on two principles: the stewardship of man which means that man is not only a creature but also God's khalifa (steward) on earth; God is the only proprietor of earth; and man is a mere beneficiary, and man can exploit nature for his/her and other creatures’ benefit without depleting it and the principle of trust that all natural resources created by God are placed as a trust in man's hand and needs of coming generations must be taken into consideration by man. Islamic environmental law uses a “duty paradigm” in the sphere of the right to healthy environment, as human beings must not destroy, deplete, or unwisely use natural resources but have an obligation to develop and enhance natural resources. Any disturbance of God's equilibrium in the universe is a transgression and athm (sin) against the divine system. Last but by no means least, Islamic law regards man as a creature with elevated status. In Islamic environmental law, the human is not the owner of nature, but a mere beneficiary. Islamic environmental safety is based upon the principle of “use” without “abuse”. Environmental protection under the Islamic legal scheme does not differ from any modern environmental legal system.


Mohamed A. ‘Arafa
Adjunct Professor of Islamic Law at Indiana University Robert H. McKinney School of Law (USA); Assistant Professor of Criminal Law and Criminal Justice at Alexandria University Faculty of Law (Egypt). SJD, Indiana University Robert H. McKinney School of Law (2013); LLM, University of Connecticut School of Law (2008); LLB, Alexandria University Faculty of Law (2006). Dr. ‘Arafa is a Visiting Professor of Business Law at the Arab Academy for Science, Technology, and Maritime Transport (‘College of Business Management’). Moreover, Professor ‘Arafa is a Domestic Public Mediator under Alternative Dispute Resolution, Indiana Rule ADR 25 (2012) and served as an Associate Trainee Attorney and Executive Attorney Assistant at ‘Arafa Law Firm (2007). Of course, all errors remain the author's.

    Legal position of a known donor constitutes an ongoing challenge. Known donors are often willing to play a role in the child’s life. Their wishes range from scarce involvement to aspiring legal parentage. Therefore three persons may wish for parental role. This is not catered for in the current laws allowing only for two legal parents. Several studies show how lesbian mothers and a donor ’devise new definitions of parenthood’ extending ’beyond the existing normative framework’. However, the diversity in the roles of the donors suggests a split of parental rights between three persons rather than three traditional legal parents. In this article I will discuss three jurisdictions (Quebec, Sweden and the Netherlands), allowing co-mother to become legal parent other than by a step-parent adoption. I will examine whether these jurisdictions attempt to accommodate specific needs of lesbian families by splitting up parentage ’package’ between the duo-mothers and the donor.


Prof. mr. Masha Antokolskaia Ph.D.
Masha Antokolskaia is professor of Private Law (in particular, Personal Status and Family Law) at the VU University Amsterdam. She is a member of the Commission on European Family Law (CEFL) and a board member of the International Society of Family Law. She is author of a diverse range of monographs and articles written in Dutch, English and Russian. Her main research areas are: European comparative Family Law and Dutch Family Law, with particular regard to the law relating to relationships, parentage and divorce.
Article

Donors without Borders

A Comparative Study of Tax Law Frameworks for Individual Cross-Border Philanthropy

Journal European Journal of Law Reform, Issue 4 2013
Keywords comparative, philanthropy, tax, deduction, international
Authors Joseph E. Miller, Jr.
AbstractAuthor's information

    Under current United States tax law, individual gifts to foreign charities generally are not deductible from federal income tax as charitable contributions. A comparative study of analogous tax laws in Switzerland and the United Kingdom demonstrates that the Swiss approach generally reflects the same prohibition against tax deductions for individual gifts to foreign charities, while British law permits such deductibility for gifts to qualified charities in other EU member states, Norway, and Iceland.
    All three countries’ legal frameworks demonstrate that their respective notions of the ‘public interest’ significantly affect their approaches to deductibility for gifts to foreign charities. The British conception of public interest, enlarged by participation in the European Union and the nondiscrimination requirements of the EU treaties, is embodied in its more expansive deductibility rules. Swiss non-participation in the EU, by contrast, reflects a more isolationist notion of public interest and may inform its prohibition on deductions for gifts to foreign charities. The narrower Swiss approach parallels the United States’ approach, and it suggests that an American expansion of deductibility for foreign charitable gifts could be encouraged by American participation in the proposed TPP, TTIP, or other multilateral trade agreements or economic unions.


Joseph E. Miller, Jr.
Joseph E. Miller is partner at Faegre Baker Daniels.
Article

Legislative Techniques in Rwanda

Present and Future

Journal European Journal of Law Reform, Issue 3 2013
Keywords legislative drafting, law-making, drafting techniques, Rwanda, quality of legislation
Authors Helen Xanthaki
AbstractAuthor's information

    This report is the result of the collective work of 26 Rwandan civil servants from a number of ministries, who set out to offer the Ministry of Justice a report on legislative drafting in Rwanda. The work was undertaken under the umbrella of the Diploma in Legislative Drafting offered by the Institute for Legal Professional Development (ILPD) in Nyanza under the rectorship of Prof. Nick Johnson. The authors have used their experience of practising drafting in Rwanda, but have contributed to the report in their personal capacity: their views are personal and do not reflect those of the Government of Rwanda.
    My only contribution was the identification of topics, which follows the well-established structure of manuals and textbooks in drafting; the division of the report into two parts: Part 1 on the legislative process and Part 2 on drafting techniques; and the methodology of each individual entry to our report: what is current Rwandan practice, what are international standards, what is the future of Rwanda, and a short bibliography to allow the readers and users of the report to read further, if needed.
    The strength of this report lies both in the methodology used and in the content offered. The breakdown of topics, their prioritization and their sequence allow the reader to acquire a holistic view on how legislation is drafted in Rwanda, but there is nothing to prevent its use in the context of surveys on legislative drafting and legislative quality in other jurisdictions. The content offers a unique insight into the legislative efforts of a jurisdiction in transition from civil to common law: both styles are assessed without prejudice, thus offering a unique fertile ground for critical assessment and practical impact analysis.
    June 2013


Helen Xanthaki
Senior Lecturer and Academic Director, Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London, Lawyer (Athens Bar).

Neta Palkovitz
ISIS- Innovative Solutions In Space B.V., The Netherlands n.palkovitz@isispace.nl.

Declan J. O'Donnell Esq., Pres.
United Societies In Space, Inc. & The International Space Development Authority Corporation, isdac.usis@gmail.com, djopc@qwestoffice.net

J.J. Hurtak Ph.D
The Academy For Future Science, jjh@affs.org
Article

OHADA’s Proposed Uniform Act on Contract Law

Formal Law for the Informal Sector

Journal European Journal of Law Reform, Issue 3-4 2011
Authors Claire Moore Dickerson
AbstractAuthor's information

    A great deal of effort and a great deal of erudition have gone into the preparation of the OHADA Uniform Act on Contract Law (preliminary draft) [hereinafter draft Uniform Act on Contract Law].1xThe participants at this conference need no introduction to OHADA. The following sources may be helpful to Anglophones seeking basic information about this uniform system of business laws, which includes both statutes (“uniform acts”) and institutions, and is effective in 16 West and Central African countries (with a 17th having signed and ratified the constitutive treaty). Books: C. Moore Dickerson (Ed.), Unified Business Laws for Africa: Common Law Perspectives on OHADA, 2009; Mator et al., Business Law in Africa: OHADA and the Harmonization Process, 2nd edn, 2007; M. Baba Idris (Ed.), Harmonization of Business Law in Africa: The Law, Issues, Problems & Prospects, 2007. Websites, all of which have English-language content, including unofficial translations of the principal OHADA documents: <www.ohada.com>, which also contains scholarly articles; and <www.juriscope.org>, which provides English-language commentary for three of the uniform acts. Also useful is OHADA’s official website, <www.ohada.org>; however, as of this writing (25 February 2011), it describes its English-language portion as still under construction.
    During OHADA’s legislature, the Council of Ministers, adopted at its meeting (13-15 December 2010) revisions to two of its eight existing statutes, namely the Uniform Act on the General Commercial Law (“Acte Uniforme relatif au Droit Commercial Général”, originally adopted 17 April 1997, 1 JO OHADA 1 (1 October 1997), available at <www.ohada.com>, hereinafter sometimes “UAGCL”) and the Uniform Act on Secured Interests (the official French title is “Acte Uniforme portant Organisation des Sûretés,” originally adopted 17 April 1997, 3 JO OHADA 1 (1 October 1997), available at <www.ohada.com>), and adopted a new Uniform Act on Cooperatives, not yet in effect. Because the revised and new texts have not yet been published in their official form as of this writing (25 February 2011), all discussions of the uniform acts, and in particular of the UAGCL, are based on the texts in force prior to that meeting, except for the references at infra notes 10, 19 & 22. The acronym “OHADA” stands for “Organisation pour l’Harmonisation en Afrique du Droit des Affaires”, sometimes translated as “Organization for the Harmonization in Africa of Business Laws”.
    An important but simple observation is that by far the greater part of the economies in OHADA’s current and prospective member-countries is located in the informal sector. This reality inevitably will have an impact on the implementation of the proposed uniform act currently under discussion. To be sure, the uniform act, if adopted, will affect agreements in the formal sector. The focus here, however, is the informal sector, for which the draft uniform act is already remarkably suited, given its broad and clear fundamental principles, and its respect for local norms.

Noten

  • 1 The participants at this conference need no introduction to OHADA. The following sources may be helpful to Anglophones seeking basic information about this uniform system of business laws, which includes both statutes (“uniform acts”) and institutions, and is effective in 16 West and Central African countries (with a 17th having signed and ratified the constitutive treaty). Books: C. Moore Dickerson (Ed.), Unified Business Laws for Africa: Common Law Perspectives on OHADA, 2009; Mator et al., Business Law in Africa: OHADA and the Harmonization Process, 2nd edn, 2007; M. Baba Idris (Ed.), Harmonization of Business Law in Africa: The Law, Issues, Problems & Prospects, 2007. Websites, all of which have English-language content, including unofficial translations of the principal OHADA documents: <www.ohada.com>, which also contains scholarly articles; and <www.juriscope.org>, which provides English-language commentary for three of the uniform acts. Also useful is OHADA’s official website, <www.ohada.org>; however, as of this writing (25 February 2011), it describes its English-language portion as still under construction.
    During OHADA’s legislature, the Council of Ministers, adopted at its meeting (13-15 December 2010) revisions to two of its eight existing statutes, namely the Uniform Act on the General Commercial Law (“Acte Uniforme relatif au Droit Commercial Général”, originally adopted 17 April 1997, 1 JO OHADA 1 (1 October 1997), available at <www.ohada.com>, hereinafter sometimes “UAGCL”) and the Uniform Act on Secured Interests (the official French title is “Acte Uniforme portant Organisation des Sûretés,” originally adopted 17 April 1997, 3 JO OHADA 1 (1 October 1997), available at <www.ohada.com>), and adopted a new Uniform Act on Cooperatives, not yet in effect. Because the revised and new texts have not yet been published in their official form as of this writing (25 February 2011), all discussions of the uniform acts, and in particular of the UAGCL, are based on the texts in force prior to that meeting, except for the references at infra notes 10, 19 & 22. The acronym “OHADA” stands for “Organisation pour l’Harmonisation en Afrique du Droit des Affaires”, sometimes translated as “Organization for the Harmonization in Africa of Business Laws”.


Claire Moore Dickerson
LL.M. in Taxation (New York University), J.D. (Columbia), Professor of Law and Breaux Chair in Business Law (Tulane University), permanent visiting professor (University of Buea).
Article

Tidying Up the Moon Treaty Prior to Construction

30 Years of the Moon Agreement: Perspectives

Journal International Institute of Space Law, Issue 2 2010
Authors E.E. Weeks and M.K. Force

E.E. Weeks

M.K. Force

Alessandra Arcuri
Dr. Alessandra Arcuri is Assistant Professor, Rotterdam Institute of Law and Economics (RILE), Department of International Law, School of Law, Erasmus University Rotterdam. Email: acuri@frg.eur.nl. The author wishes to thank an anonymous referee, Giuseppe Dari-Mattiacci and the editorial board of the Erasmus Law Review for thoughtful comments; the usual disclaimer applies.
Article

Access_open The Moralist. A conversation with John Harris about bioethics

Journal Netherlands Journal of Legal Philosophy, Issue 1 2005
Keywords kind, wrongful life, embryo, claim, donor, leasing, au-pair, baby, computer, elektronisch geld
Authors P. Westerman

P. Westerman
Article

The Search for New Institutional Models of International Remote Sensing Activities

Legal Issues Related to New Developments in Space Applications: Navigation, Remote Sensing and GIS

Journal International Institute of Space Law, Issue 1 2005
Authors M. Hofmann and C. Feinäugle

M. Hofmann

C. Feinäugle

Anders Agell
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