This paper critiques the EU’s new la won maternity leave by contextualizing it in the historical development of EU law as well as in feminist criticism. It arguaes in favour of generous paid maternity leave provisions based on economic and psychological arguments. It then examines the likely impact of an extension of maternity leave a the EU level on member states. Finally, it studies the Family and Medical Leave Act of the United States to reveal the insufficiencyof its maternity leave provisions, especially when compared to the generous provisions in current EU law. This paper arrives at the conclusion that new mothers, be they Europeans or Americans, can and should be able to reconcile their wort and family obligations.

This essay is about examining the role of legislature in ensuring good governance and how adequate or otherwise they are in ensuring good governance. To examine and establish the facts, a comparative analysis is made between the United Kingdom and Sierra Leone Legislatures.This article first and foremost tried to establish that, indeed legislatures all over the world have an important role in ensuring good governance, which is the bed-rock and an essential ingredient in any government intending to thrive in governance, achieve its goals of success and a well-ordered and sustainable society.This piece of work chose transparency and accountability, two vital components that make up the concept of good governance as criteria in making the comparative analysis between two independent countries with legislatures as an arm of the Government.In comparing and analyzing the two jurisdictions, it was further established that there are certain factors that may limit or enhance the achievement of good governance by these legislatures. Nevertheless, the irrefutable fact this article tried to illustrate is that Good Governance needs an effective Parliament.

This article explores the dynamics between external and domestic factors in legal reform in transition countries as demonstrated by the case of Ukrainian company law reform. Contrary to theoretical explanations pointing to the primacy of external supply and incentives, we locate the determinants of legal change firmly in the domestic arena. We conceptualise domestic factors using a political science framework regarding the role of veto players parliamentary factions and related informal business actors. The analysis supports the critical law and development literature in underlying the importance of the demand for law by such players. This demand, however, affects not just the implementation process but is critically expressed in the strategic use of formal legislative reform.

When a package travel contract is not realized, the organizer assumes the obligation to inform the consumer, to provide a refund and to provide alternative services. All these measures form part of the core of the EU’s legislative acquis and are mainly governed by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. The Directive employs a fragmented approach and is currently under review. This area also remains outside the new comprehensive approach introduced by the Proposal for a Directive of the European Parliament and the Council of 8 October 2008 on consumer rights, and it would appear that this harmonization ‘deficit’ will be covered by means of ‘vertical action’. The aims of this paper are to contrast the existing regulations in this field with the general rules of consumer contract law, to identify the inconsistencies involved and to present some proposals regarding performance rules.

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.

Before Cartesio, the case law of the European Court of Justice on freedom of establishment mainly considered company immigration situations, i.e. legal entities moving into another Member State. Cartesio is the first major ruling on company emigration since the 1988 decision in Daily Mail. Consequently, much was expected from Cartesio, notably that it would confirm a company’s right to directly invoke its freedom of establishment in emigration scenarios. However, this was not the case. Although Cartesio introduced some new concepts into the freedom of establishment case law like the concept of company conversion, the freedom of establishment actually took a step backward. This effectively resulted in almost complete disregard of the freedom of establishment in emigration situations - unlike in immigration situations. This partial denial of freedom of establishment, one of the fundamental freedoms of Community law, would seem urge the continuation of work on the new 14th Company Law Directive. In light of the current ECJ case law, only a legislative approach would seem suitable to guarantee non-discrimination in the ongoing regulatory competition between Member States which apply the registered seat theory and those which apply the administrative (real) seat theory.

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?

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.

“Good Governance” is a term used worldwide to measure, analyse and compare, mainly quantitatively and qualitatively, but not exclusively, public governments, for the purpose of qualifying them for international developmental aid, for improving government and administration domestically, etc.
In Section A the use of the key term is explained more thoroughly; Section B lists goals and effects of governance from the international, supranational (European) and national perspective; Section C contains guidelines for governance as vested in constitution and law and Section D describes the main instruments and tools to work on better governance.

This article discusses the position and powers of Kosovo’s Civil Service Oversight Board, mainly from a legal perspective. The article describes the reforms undertaken upon the Board and the civil service in Kosovo, while illustrating the central pillars of concern in regard to both the international presence and domestic institutions in Kosovo. The article then explains the three reforms and reviews each of the main legal changes the Board and the civil system have experienced, respectively. The last section of the article comprises an institutional review of the powers and the position of the current framework on the Civil Service Oversight Board, while allowing a part of the article to question its independence and pluralism. The article culminates with policy suggestions that would make the work of the Board, and the entire civil service, more independent and accountable to its mission.

Whereas making law is one of the principal functions of Parliament, Parliament plays a very limited role in the legislative process. In Uganda, like in many commonwealth jurisdictions due to the role the Constitution has given to Parliament, the legislature should take a more active role in the legislative process. The paper examines the legislative authority of Parliament, the concept of Parliamentary supremacy, pre-legislative scrutiny and whether Parliament should be involved in the scrutiny of delegated legislation.

The article outlines the problems with stabilization provisions in national oil or gas legislation with regard to the difficulty of governments to implement legislation to develop its economic, social and environmental regimes. It also seeks to provide a potential guideline for legislative drafters in order to address the problems wrought by stabilization provisions, in national oil or gas legislation, through the use of economic balancing provisions. The article further gives tools for legislative drafters to use when drafting economic balancing provisions.