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    Statutory interpretation is quickly becoming the primary function of our courts. Ambiguity, unexpected scenarios, and drafting errors in legislation compound this challenging task, obliging many judges to turn to debate transcripts and other legislative materials in search of our elected representatives’ intent.
    Legislatures are intrinsically the products of the societies that create them, however, with each possessing a diverging structure and rules of procedure. These institutional differences affect bills’ drafting, consideration, and passage, and represent the mechanical process of how legislative bargains are translated into binding statutory text.
    Through the lenses of the United Kingdom Parliament and the United States Congress, the fundamental logic behind these institutions’ legislative bargains will be explored, assessing the impact of procedure and the interests that shape the enacting process. Parliamentary tradition emphasizes the foundational role of Her Majesty’s Government in managing virtually all legislation, maintaining a unity of purpose without compromise, amendment, or purposefully ambiguous provisions. Conversely, unique procedures and the multiplicity of veto players within Congress necessitates that compromise is a de facto requirement for passage. The diverging logic behind these legislative bargains offers powerful evidence that institutional characteristics have a dispositive impact on the utility of legislative materials in statutory interpretation.


Chris Land
Juris Doctor Student, 2016, University of Minnesota Law School. LL.M., with distinction, Institute of Advanced Legal Studies, University of London; B.S., summa cum laude, Florida State University.
Article

Financial Crime Prevention and Control

The Reforms of a ‘Unique’ Jurisdiction under EU Law and International Standards

Journal European Journal of Law Reform, Issue 4 2015
Keywords Vatican financial system, money laundering, terrorist financing, 3rd AMLD, FATF Recommendations
Authors Francesco De Pascalis
AbstractAuthor's information

    Between 2011 and 2014, the Vatican City State (VCS) experienced a reform process which dramatically changed its financial system. The process is still ongoing, and its goal is to establish an anti-money laundering and counter-terrorism financing (AML/CTF) system. Importantly, this system will be based on the AML/CTF EU legislation and international standards. These facts are noteworthy. First, the reforms cast light on the main Vatican financial institutions against the background of the secrecy that has always characterized their functioning and business operations. Accordingly, there is now more transparency and information about the Vatican financial system. Second, the relevant EU law and international standards are tools through which the VCS can, for the first time, join an international network of countries, sharing and applying the same rules against money laundering (ML) and terrorist financing (TF). This is of extraordinary importance for a jurisdiction like the VCS, which has never referred to European or international principles in its rule-making. In particular, the openness to EU law and international standards stimulates investigating the reasons behind these changes and the impact that these sources of law are having on a jurisdiction regarded as ‘unique’ in the world.


Francesco De Pascalis
PhD in Law, Institute of Advanced Legal Studies University of London; Research Fellow, University of Zurich, Law Faculty. All errors and omissions remain the author’s.

    Over the last decade, Nigeria has witnessed several high-intensity conflicts. It became a country under preliminary investigation by the International Criminal Court (ICC) following allegations of serious crimes. In 2013, the boko haram insurgency was classified as a “non-international armed conflict.” Commentators appear divided over the capacity and willingness of domestic institutions to manage crimes arising from or connected with conflicts in Nigeria. Those who argue for unwillingness often point to the struggle to domesticate the Rome Statute of the International Criminal Court (Rome Statute) as one of the clearest indication that there is not sufficient interest. This article interrogates the question of seeming impunity for serious crimes in Nigeria and makes a case for domesticating the Rome Statute through an amendment to the Crimes against Humanity, War Crimes, Genocide and Related Offences Bill, 2012 pending before the National Assembly.


Stanley Ibe
LL.B. (Lagos State University, Nigeria); LL.M. (Maastricht University, The Netherlands); Postgraduate Diploma in International Protection of Human Rights (Abo Akademi, Finland). Ibe is an associate legal officer for Africa at the Open Society Justice Initiative. He writes in a private capacity.
Article

Access_open The 2015 Proposal for an EU Directive on the Societas Unius Personae (SUP)

Another Attempt to Square the Circle?

Journal The Dovenschmidt Quarterly, Issue 2 2015
Keywords EU law harmonisation, single member private companies, Proposed SUP Directive, European ‘trade mark’
Authors Stephan Rammeloo
AbstractAuthor's information

    Stimulating business throughout the Single Market, not in the least for Small- and Medium-Sized Enterprises (SMEs), is one of the key priorities of the EU’s ten-year growth strategy, ‘Europe 2020’. One of the strategies to achieve this goal is the recently developed legal concept of a ‘European trademark’ for single member private limited liability companies duly established under the laws of any EU Member State and complying with preconditions required by a draft Proposal for a Directive on the Societas Unius Personae (SUP). The 2015 Compromising text, having replaced the initial 2014 Draft for a Directive requires to be analysed in view of its ‘scope’ (functional and geographical reach). Furthermore, attention is given to matters of formation and ‘long distance’ registration, share capital, internal organization and functioning of company organs, the functioning of SUP’s as stand alone companies or SUP’s embedded in company group or chain structures. Critical observations inter alia focus on relinquished provisions on the SUP’s seat as well as the powers of SUP organs and on ‘national law’ creeping in the Proposed Directive more and more at the cost of legal certainty and legal coherence between EU law instruments relevant to private limited liability companies.


Stephan Rammeloo
Associate Professor EU Company Law, Private International Law and Comparative Law, Maastricht University.

Károly Grúber
Ambassador, Hungarian Ministry of Foreign Affairs and Trade, Reader, Széchényi István University, Győr. The author took up his duties as the head of the Foreign and Security Policy Office in the Permanent Representation of Hungary to the European Union in Brussels on 1 October 2010. He witnessed and took part in the establishment of the European External Action Service.

Csaba Törő
Associate professor, Faculty of Law, Karoli Gaspar University of the Reformed Church of Hungary, Budapest.

Tamás Molnár
Adjunct professor, Corvinus University of Budapest, Institute of International Studies.

Péter Fáykiss
Péter Fáykiss is the Head of the Macro-prudential policy department at the Magyar Nemzeti Bank (MNB), the central bank of Hungary. He graduated at Corvinus University of Budapest in 2009. After graduation, he joined MNB, where he worked as analyst at the Financial Stability Department. Between 2013 and 2014 he worked as Deputy Head of Financial Services Department at the Ministry for National Economy, and was responsible inter alia for the implementation of CRD IV in Hungary.

Dániel Papp
Dr. Daniel Papp is member of the Macro-prudential policy department at the Magyar Nemzeti Bank as a legal advisor. He graduated at ELTE law school in 2012. After having supervisory experience at the former Hungarian Financial Supervisory Authority, he was enrolled at LUND University for a postgraduate law course, called European Business Law (LL.M.). He made extensive research on the forming European supervisory framework, since his master thesis was about the Single Supervisory Mechanism and the Assessment of Hungary’s Possible Approach.

Anikó Szombati
Anikó Szombati leads the Macroprudential Directorate of Magyar Nemzeti Bank, the central bank of Hungary. This Directorate is responsible for the fulfillment of tasks originating from the Central Bank Act recognizing MNB as the macro-prudential authority of Hungary. The macro-prudential authority’s major task is to identify and mitigate system-wide risks in the financial intermediary system. The Directorate also contributes to the formulation of central bank opinion in major structural issues related to the financial sector developed either at EU or at the country level.

Lucrezia Palandri
Ph.D. in Comparative Law at the University of Florence, Italy.

Gábor Kecskés
Research fellow, Hungarian Academy of Sciences Centre for Social Sciences, Institute for Legal Studies; senior lecturer, Széchenyi István University (Hungary), PhD. (Széchenyi István University, Hungary).

László Keszely
Hungarian Ministry of Defence, Defence Administration Office.

Stephan Hobe
Professor of International Law, Director, Institute of Air and Space Law, University of Cologne.
Article

Report of the Symposium

Journal International Institute of Space Law, Issue 11 2015
Authors Carol A. Anderson and Mclee Kerolle
Author's information

Carol A. Anderson
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).

Mclee Kerolle
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).
Article

Access_open Corporate Social Responsibility via Shareholders’ Proposals

Journal The Dovenschmidt Quarterly, Issue 1 2015
Keywords corporate social responsibility, shareholders, Rule 14a-8, social proposals, strategy
Authors Maria Paz Godoy Uson
AbstractAuthor's information

    Can shareholders’ proposals be considered as a mainstream alternative to incorporate social and environmental policies into the core businesses strategy? Proposing non-financial resolutions at the general meeting of shareholders is a form of shareholders’ activism that is shaping company’s direction. The American court case Lovenheim v. Iroquois Brands, Ltd. confirms that social and environmental issues, when significantly related to the core business, can give rise to new business directions firmly promoted by shareholders, resting authorial power to the board of directors in conducting the company’s direction. The US SEC Rule 14a-8 is widely used by social activists and institutional investors to influence the direction of business in becoming more sustainable. In virtue of the American Rule 14a-8, shareholders may include proposals in the company’s proxy materials and, thereby, compel a vote on the issue at the annual shareholders’ meeting. The result is that American shareholders’ proposals are being considered as an effective gateway to improve corporations’ social and environmental behaviour. This article examines, from a comparative perspective, the further developments of shareholders’ social proposals with the attempt to incorporate social and environmental policies into the core business. The article also suggests that the increasing demand of social proposals promoted by American shareholders versus the limited activity of shareholders’ proposals in Continental European jurisdictions is precipitating the process of converge between the main corporate governance models; the shareholder-oriented model and the stakeholder-oriented model, respectively. The issue of CSR via shareholders’ proposals as presented here is primarily based on literature and various cases related to SEC 14a-8, more in particular on lessons drawn from Lovenheim v. Iroquois Brands, Ltd.


Maria Paz Godoy Uson
PhD Fellow Maastricht University.

Kumar Abhijeet
Assistant Professor of Law, National Law School of India University, Bangalore. Doctoral Candidate Institute of Air and Space Law, University of Cologne, Germany.

Paul B. Larsen
The author taught air and space law for more than 40 years respectively at Southen Methodist University and at Georgetown University. He is co-author of Larsen, Sweeney and Gilick, Aviation Law, Cases, Laws and Related Sources, second edition (Martinus Nijhof, 2012) and of Lyall and Larsen, Space Law A Treatise (Ashgate 2009)

K.R. Sridhara Murthi
K.R. Sridhara Murthi, Director, IIAEM, Jain University, Jain Global Campus, Jakkasandra post, Kanakapura Taluk

V. Gopalakrishnan
V. Gopalakrishnan, Policy Analyst, ISRO Head Quarters, Antariksh Bhavan, New BEL Road, Bangalore
Article

Access_open Report of the 58th Colloquium on the Law of Outer Space

Jerusalem, Israel, 2015

Journal International Institute of Space Law, Issue 8 2015
Authors P.J. Blount and Rafael Moro-Aguilar

P.J. Blount

Rafael Moro-Aguilar
Article

The Role of Non-Governmental Organizations in Advancing International Criminal Justice

Journal African Journal of International Criminal Justice, Issue 1 2015
Keywords Non-governmental organizations, NGOs and international criminal justice, civil society and human rights, non-state actors in international law
Authors Charles Chernor Jalloh
AbstractAuthor's information

    This article examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to their support for the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is that a historically sensitive approach to evaluating the role of NGOs in international governance shows that these entities are not only willing, but also capable of enhancing the protection of human rights and international criminal justice especially but not exclusively in less developed regions of the world.


Charles Chernor Jalloh
Associate Professor, Florida International University, College of Law, Miami, USA. Email: jallohc@gmail.com.

Anita Rinner
University of Graz, Austria
Article

International Code of Conduct for Outer Space Activities

Analysis from an Institutional Perspective

Journal International Institute of Space Law, Issue 7 2015
Authors Anastasia Voronina
Author's information

Anastasia Voronina
University of Nebraska-Lincoln, U.S.A.
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