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Year 2011 x
Discussion

Access_open Horizontal Effect Revisited

A Reply to Four Comments

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Authors Gunther Teubner
Abstract

    In this concluding article, Gunther Teubner addresses his critics.


Gunther Teubner

Dr. Yun Zhao
Faculty of Law, The University of Hong Kong, zhaoy@hku.hk

Paul B. Larsen
Georgetown University Law Center

Matxalen Sánchez Aranzamendi
ESPI Associate Fellow, Belgium, matxalen.sanchez@espi.or.at

Guoyu Wang
Beijing Institute of Technology, School of law, China, kevineskimo@gmail.com. The National Center for Remote sensing Air, and Space Law, University of Mississippi

Prof. LING Yang
China University of Political Science and Law, Faculty of International Law, No. 25 Xi Tu Cheng Road, Haidian District, Beijing 100088, China, lingy450@yahoo.com.cn
Article

Legislative Drafting and Human Rights

The Example of the European Arrest Warrant

Journal European Journal of Law Reform, Issue 2 2011
Keywords rule of law, drafting EU legislation, Framework Decision 2002/584 on the European Arrest Warrant
Authors William Robinson
AbstractAuthor's information

    This article considers some of the requirements for good laws, focusing in particular on the drafters’ perspective. It looks first in general terms at the requirements forming part of the rule of law that laws be accessible and predictable. It then examines the drafting of laws in the European Union: how it is done; the concern to make EU laws accessible; and specific features of EU legislative drafting rules and practices, illustrated by reference to Framework Decision 2002/584.


William Robinson
Sir William Dale Visiting Fellow, Institute of Advanced Legal Studies, London.

    ICC arbitration was conceived by and for international business. When the International Chamber of Commerce was created in 1920 to combat insularity and protectionism in world trade, dispute resolution was seen as an indispensable part of the services it was to provide. Recognizing that contracts, especially between partners of different cultures, are inevitably exposed to strain, misunderstanding and even, regrettably, sometimes flagrant abuse, the ICC considered it crucial to provide the business world with an appropriate means of overcoming commercial conflict. In the words of Etienne Clementel, the French Minister of Commerce at the time and one of the founders of the ICC, “freedom can truly flourish only if it finds within itself the means to achieve its own moderation”. ICC arbitration was initially developed as a means of self regulation in international commerce.


Jason Fry
LL.B., BCL (Oxon), FCIArb, Secretary General International Court of Arbitration of the International Chamber of Commerce.
Article

Chinese Judicial Methodologies to Determine the Validity of Arbitration Agreements

“Arbitration in Hong Kong and English Law to Apply” as an Example

Journal European Journal of Law Reform, Issue 3-4 2011
Authors Song Lianbin and Sophia Juan Yang
AbstractAuthor's information

    As Financial Times says, “it is now difficult to consider African prospects without the mention of China, which in the past decade has increased trade with the continent 10-fold – from $ 10 billion to more than $ 100 billion and has overtaken the US and the Europe as the largest trading partner in some important economies”.1x See Financial Times Special Report on Africa-China Trade, available at <http://media.ft.com/cms/de832bb2-7500-11df-aed7-00144feabdc0.pdf>. Africa has particular needs for cost-effective and time-effective mechanisms for resolving trade disputes with Chinese parties. The most preferred choice is, not surprisingly, commercial arbitration.

Noten


Song Lianbin
Song Lianbin is Professor in Law, Wuhan University, Wuhan, China.

Sophia Juan Yang
Sophia Juan Yang is Dr. iur. (University of Basel, Switzerland), LL.M. (Wuhan), former Research Assistent for Global Sales Law Project.

    Conflicts of jurisdiction between a state court and an arbitral tribunal occur in two different scenarios: (a) claimant X institutes a court action and the defendant subsequently commences with arbitration or requests to be referred to arbitration (as envisaged by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards – NYC); and (b) claimant X commences arbitration and the defendant subsequently challenges in a national court. X should be able to seek a stay of the parallel litigation on the ground of the existence of a valid agreement to arbitrate the dispute, but the duty on the part of South African courts to do so is not clearly legislated, nor is it as well-understood as it deserves to be. Various interests have fallen into disharmony in this area of the law.


Christa Roodt
Doctor of Laws (University of Orange Free State), LL.M (University of South Africa), LL.B. (University of Pretoria).
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