Search result: 14 articles

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Year 2012 x
Article

Access to Higher Education in the EU

Evolving Case Law of the CJEU

Journal European Journal of Law Reform, Issue 4 2012
Keywords EU common market, European higher educational area, CJEU case-law on education, free movement of students, educational strategies
Authors Kari Käsper and Tanel Kerikmäe
AbstractAuthor's information

    A prerequisite for a competitive market can be achieved better through clear legal policy in European higher education. There is a time for the EU to intervene more into the area to eliminate state protectionism. The reasoning in CJEU case law gives a guidance for corrigendum of further legal basis. The students of another Member State should not deserve different treatment. EU role in the field of education should be significant to avoid state-based bureaucracy. The jurisprudence of CJEU creates a basis for the further development of the regulation, which leads to foundation for well-functioning internal market in the global world.


Kari Käsper
K. Käsper, M.A (law [Tallinn University of Technology 2012] and Law studies [International University Audentes, eq. with master of law 2005]) is a lecturer of EU law at Tallinn Law School, Tallinn University of Technology.

Tanel Kerikmäe
Tanel Kerikmäe (Ph.D [Tallinn University, Political Science and State Governance 2009], LL.Lic [Helsinki University, Law 2006], LL.M [Helsinki University, Law 1994] and Law studies [Tartu University, eq. with master of law 1992]) is a professor and head of the Jean Monnet Chair of European Law, Tallinn Law School, Tallinn University of Technology. The current article is based on K. Käsper’s thesis (supervised by Prof. Kerikmäe), defended in 2012.
Article

Structuring the Judiciary to Conduct Constitutional Review in the Netherlands

A Comparative and European Perspective

Journal European Journal of Law Reform, Issue 4 2012
Keywords centralized/decentralized constitutional review, Netherlands constitutional law, comparative law
Authors Gerhard van der Schyff
AbstractAuthor's information

    Whether a legal system decides to centralize or decentralize constitutional review by the judiciary is dependent on various factors. This article critically considers a host of these factors, ranging from the separation of powers to the desire to bring about far-reaching constitutional change and the possible impact of membership of the European Union, in studying whether in the Netherlands constitutional review should be centralized or decentralized upon its possible introduction. The conclusion is reached that although decentralization can be opted for under the current circumstances, a persuasive case for centralization can also be made and might even become stronger and inevitable depending on the course of future constitutional reform.


Gerhard van der Schyff
Gerhard van der Schyff is Senior Lecturer in Constitutional Law at Tilburg Law School, The Netherlands.

P.J. Blount

Frans G. von der Dunk

Armel Kerrest
Professor of Public Law at the Universities of Western Brittany and Paris XI. Vice President of the European Centre for Space Law (ECSL) of the European Space Agency (ESA).

Rafael Moro Aguilar
IISL Member and Assistant Editor, 2012 Proceedings of the International Institute of Space Law. The author wishes to thank Mr. Hannes Mayer (University of Graz, Austria) for his notes from the 2012 IISL/ECSL Symposium, which contributed to the writing of the present report.
Article

Instructions to Draft Legislation

A Study on Legislative Drafting Process in Rwanda

Journal European Journal of Law Reform, Issue 2-3 2012
Keywords drafting instructions, Rwanda, quality of legislation
Authors Ruth Ikiriza
Abstract

    Drafting instructions are always difficult to discuss and evaluate because very often they depend on local traditions. Nevertheless, despite local traditions in drafting instructions their complete absence must be seen as a problem. This article tackles the issue of drafting instructions and their importance in the development of good drafts. And by good drafts the author means good quality drafts which will lead to good quality legislation. The article uses Rwanda as a case study and employs Thornton’s five stages of the drafting process as its basic methodology.


Ruth Ikiriza
Article

From Port Louis to Panama and Washington DC

Two Regional Approaches to International Commercial Arbitration

Journal European Journal of Law Reform, Issue 1 2012
Keywords international commercial arbitration, OHADA, institutional arbitration, American Arbitration Association, regional law reform
Authors Jonathan Bashi Rudahindwa
AbstractAuthor's information

    In recent decades, regional efforts have been made to reform and harmonize the rules governing international arbitration. These efforts have resulted in the adoption of regional instruments governing commercial arbitration in specific areas. This paper analyzes the arbitration regimes created at a regional level in Africa and America, and particularly focuses on arbitral institutions that were created within the Organization for Harmonization of Business Law in Africa (OHADA) and within the Organization of American States (OAS). The objective of the paper is to identify any advantages provided by either regime, which can help improve regional and international commercial arbitration.


Jonathan Bashi Rudahindwa
LL.B (Kinshasa, D.R.Congo), LL.M (Indiana, USA), Doctoral candidate – School of Oriental and African Studies/University of London.
Article

The Response of National Law to International Conventions and Community Instruments – the Dutch Example

Journal European Journal of Law Reform, Issue 1 2012
Keywords Legislative approaches, Private International Law codification, Book 10 of the Dutch Civil Code, Implementation of international instruments, Incorporation by reference
Authors Dorothea van Iterson
AbstractAuthor's information

    This paper, presented at a colloquium at Barcelona University in 2010, outlines the history of the codification of Private International Law (PIL) in the Netherlands, which was completed in 2011 by the introduction of Book 10 of the Dutch Civil Code (conflict of laws). It describes the policy guidelines followed in giving effect to international instruments, i.e. conventions and European legislation. Basically all types of international PIL rules are further regulated at the national level. Moreover, the national PIL codification contains a number of provisions which were borrowed from or inspired by international instruments.


Dorothea van Iterson
Former Counsellor of Legislation, Ministry of Justice of the Netherlands.

Matthew Schaefer
Law Alumni Professor of Law and Director, Space, Cyber and Telecom LL.M., University of Nebraska College of Law, USA , mschaefer@UNL.EDU.

Hamid Kazemi
PhD student, Iran, hkazemi@umail.leidenuniv.nl.

Hadi Mahmoudi
Aerospace Research Institute, Iran, mahmoudi@ari.ac.ir.

Dr. Ali Akbar Golroo
Aerospace Research Institute, Iran, ali@ari.ac.ir.

Prof. Gabriella Catalano Sgrosso
University of Rome, Italy, gab.sgrosso@alice.it.
Article

National Space Legislation for Emerging Space-Capable Nations

Journal International Institute of Space Law, Issue 1 2012
Authors Joyeeta Chatterjee, Christopher Johnson and Aleksandra Puścińska
Author's information

Joyeeta Chatterjee
Space Generation Advisory Council, Canada, joyeeta.chatterjee@mail.mcgill.ca.

Christopher Johnson
Space Generation Advisory Council, United Kingdom and United States of America, johnson.c@gmail.com.

Aleksandra Puścińska
Kings College London, United Kingdom and Poland, apuscinska@gmail.com.
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