Arbitration as an alternative dispute resolution (ADR) is an extra-judicial process resolved privately outside an ordinary court of justice. As such, the award has the same legal effects as a judgment pronounced by a court judge. Arbitration can be preceded by a pre-trial process in which arbitrators try to reach a conciliation agreement between the parties. If an agreement is not reached, the arbitration process begins with the gathering of the parties’ memories. In both oral and written evidence, language is used argumentatively, and above all persuasively, by all sides or parties involved. |
Article |
“What Does He Think This Is? The Court of Human Rights or the United Nations?”(Plain) Language in the Written Memories of Arbitral Proceedings: A Cross-Cultural Case Study |
Journal | European Journal of Law Reform, Issue 3 2014 |
Keywords | arbitration, legal language, plain language, specialised discourse, corpus linguistics |
Authors | Stefania Maria Maci |
AbstractAuthor's information |
Article |
Shifting from Financial Jargon to Plain LanguageAdvantages and Problems in the European Retail Financial Market |
Journal | European Journal of Law Reform, Issue 3 2014 |
Keywords | financial markets, financial information, PRIPs/KIIDs, financial jargon, plain language |
Authors | Francesco De Pascalis |
AbstractAuthor's information |
The purpose of this paper is to discuss the European regulatory efforts to guarantee investors a proper understanding of the characteristics of the products being offered in the retail financial market. In particular, the analysis emphasises the proposal to introduce plain language as a mandatory requirement for drafting pre-contractual documents relating to retail financial products. |
Article |
Making EU Legislation Clearer |
Journal | European Journal of Law Reform, Issue 3 2014 |
Keywords | European Union, transparency, openness, clarity of legislation |
Authors | William Robinson |
AbstractAuthor's information |
This article looks at the clarity of the legislation of the European Union (EU), in particular the clarity of the language used. It sketches out the basic EU rules on transparency and openness, past expressions of concern for clearer EU legislation, and the response of the institutions. Finally, it considers briefly some ways to make EU legislation clearer. |
Article |
Islamic Policy of Environmental Conservation1,500 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). |
Article |
Human Rights in Islamic Law, Specifically the Guarantee of Procedural Justice |
Journal | European Journal of Law Reform, Issue 2 2014 |
Keywords | Islamic law, procedural justice, human rights, rules of evidence, Cairo Declaration of Human Rights |
Authors | Mohamed Y. Mattar |
AbstractAuthor's information |
International law guarantees several fundamental principles of procedural justice, such as presumption of innocence, the right against self-incrimination, the right to be tried without undue delay, the right to examine witnesses, and the right to legal assistance. In this article I examine whether Islamic law guarantees similar procedural protections and demonstrate how Islamic law provides for basic human rights as well as general principles that may serve as guidelines in procedural justice. These include the principle of non-retroactivity, the principle of personal accountability, the principle of no crime or punishment without law, the right to be presumed innocent until proven guilty, and the right to defence. The article also identifies rules of evidence provided by Islamic law which are designed to protect the accused. |
Book Review |
Book Review |
Journal | European Journal of Law Reform, Issue 2 2014 |
Authors | Frank Emmert and Salma Taman |
Article |
From a Soft Law Process to Hard Law ObligationsThe Kimberley Process and Contemporary International Legislative Process |
Journal | European Journal of Law Reform, Issue 1 2014 |
Keywords | Kimberley Process, soft law, international law, legislative process |
Authors | Martin-Joe Ezeudu |
AbstractAuthor's information |
Ever since its creation and coming into force in 2003, the Kimberley Process has elicited a number of academic commentaries coming from different backgrounds. Legal scholars who have contributed to the commentaries, simply projected the regulatory regime as an international soft law without further analysis, based on an evaluation of the text of the agreement. This article in contrast, explores its practical effects and the manner of obligations that it imposes on its participant countries. It argues that although the regime may have been a soft law by classification, its obligations are hard and are no different from those of a conventional treaty. Those obligations enhance its juridical force, and are a factor by which the regime on its own tends to nullify the traditional criteria for distinction between hard and soft law in international jurisprudence, because it has elements of both. |