This article captures current trends in online dispute resolution (ODR) and its potential use in Ireland by analysing Irish practitioners’ current attitudes to and awareness of ODR. Ultimately, this work provides the groundwork for future research into Ireland’s use of ODR. This exploratory research will hopefully guide researchers in understanding ODR’s users and consumption. |
Search result: 26 articles
Year 2015 xArticle |
Sceptics of the Screen: Irish Perceptions of Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Keywords | ODR, Ireland, mediators, ADR, Internet |
Authors | Simon J. Boehme |
AbstractAuthor's information |
Article |
E-Commerce, ICTs and Online Dispute Resolution: Is This the Beginning of a New Professional Profile? |
Journal | International Journal of Online Dispute Resolution, Issue 2 2015 |
Keywords | Mobile phones, ADR, ODR, mediation, conflict resolution |
Authors | Aura Esther Vilalta and Rosa Pérez Martell |
AbstractAuthor's information |
There is a close link between the growth of Internet usage, the development of mobile technology, the expansion of markets and the increasing number of online dispute resolution mechanisms (ODRs). This article seeks to start a conversation about the need to provide justice by means of effective mechanisms, in particular for e-commerce disputes and transnational litigation. It also provides some information on the recent international initiatives towards the regulation of this new arena, and concludes with an early approach to the future challenges and the impact on training, qualifications and expertise of ODR professionals and service providers. |
Article |
Structure of Legislation: A Paradigm for Accessibility and Effectiveness |
Journal | European Journal of Law Reform, Issue 3 2015 |
Keywords | effectiveness of legislation, structure of legislation, accessibility of legislation, quality drafting, clarity |
Authors | Elohor Onoge |
AbstractAuthor's information |
The aim of this article is to examine how the structure of legislation can nurture accessibility and effectiveness of legislation. |
Article |
Delegated Legislation in Nigeria: The Challenges of Control |
Journal | European Journal of Law Reform, Issue 3 2015 |
Keywords | delegated legislation, parliament, control, quality, parliamentary scrutiny |
Authors | Jemina Benson LL.M |
AbstractAuthor's information |
In considering how society generally is regulated, most times focus is always on Acts of parliament that are passed by the legislative arm of government. However, delegated legislation is another aspect of law making that is of immense importance for the regulation of any given society. This form of lawmaking being a deviation from the norm has some challenges in terms of control. This article seeks to examine some of these challenges emphasising that adequate parliamentary scrutiny will prevent the harbouring of bad-quality legislation. |
Book Review |
Book Review |
Journal | European Journal of Law Reform, Issue 3 2015 |
Article |
‘Living in Sin’: A Reform Proposal for Financial Relief Following Cohabitation Breakdown |
Journal | European Journal of Law Reform, Issue 4 2015 |
Keywords | cohabitation, financial relief, family trusts, common law marriage |
Authors | Luke Tattersall |
AbstractAuthor's information |
The number of adults choosing to cohabit has increased by over 67% since 1991. Despite such a dramatic shift in social norms, the law governing financial relief upon relationship breakdown remains inept to handle the significant increase in cohabitants. This article examines how the current system of family trusts constitutes an archaic and inadequate means of dividing cohabitants’ assets. The law of trusts fails to reflect the subtleties of personal relationships, often resulting in financial injustice. The author goes on to consider the notion of common law marriage, highlighting how despite attempts by both the government and policy makers to dispel the concept it nevertheless remains prevalent throughout the United Kingdom. The core counterargument to extending financial relief is that it would undermine the institution of marriage and obscure the boundaries between cohabitant and spouse. This article critically examines this claim, adopting cross-jurisdictional analysis by considering the experiences of Scotland, Ireland and Australia where cohabitants have greater financial rights before concluding that the argument fails to stand up to scrutiny. The author ends by advancing a series of reforms designed to vindicate cohabitants, resulting in a fairer distribution of assets and bringing legal recognition to the United Kingdom’s largest growing family unit. |
Editorial |
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Journal | The Dovenschmidt Quarterly, Issue 1 2015 |
Article |
Policy Considerations for New Human Space Exploration StrategiesThe Space Generation Perspective |
Journal | International Institute of Space Law, Issue 7 2015 |
Authors | Chantelle Dubois, Lazlo Bacsardi, Ali Nasseri e.a. |
Author's information |
Research Note |
Kiesstelsels en lokale activiteit: het mediërende effect van electorale kwetsbaarheid |
Journal | Res Publica, Issue 3 2015 |
Authors | Audrey André, Sam Depauw and Shane Martin |
Author's information |
Article |
To Recognize or Not to Recognize? That Is the Question!Motherhood in Cross-Border Surrogacy Cases |
Journal | European Journal of Law Reform, Issue 2 2015 |
Keywords | cross-border surrogacy, motherhood, private international law, ordre public, European Human Right Convention |
Authors | Stefanie Sucker PhD |
AbstractAuthor's information |
This article describes the status quo in cross-border surrogacy cases, more specifically how national courts deal with the recognition of parenthood validly established abroad. As the recognition of motherhood is deemed to violate the national ordre public, the solutions so far, i.e. recognition of fatherhood and adoption, will be examined. Moreover, the arguments for an alleged ordre public-violation concerning motherhood will be presented. Finally, the question whether the European Human Right Convention has an impact on the interpretation of the best interest of the child will be answered. |
Article |
Child Participation in Family Law Matters Affecting Children in South Africa |
Journal | European Journal of Law Reform, Issue 2 2015 |
Keywords | child participation, family law, legal representation, Family Advocate, curator ad litem |
Authors | LLE, LLM Kelly-Anne Cleophas and Usang Maria Assim |
AbstractAuthor's information |
The right of children to participate in all matters affecting them is considered to be one of the fundamental principles guiding the understanding, interpretation, and application of all children’s rights. In terms of international law, this right is contained in Article 12 of the United Nations Convention on the Rights of the Child. Similar provisions are contained in the African Charter on the Rights and Welfare of the Child. Child participation establishes the right of every child to freely express his or her views, in all matters affecting him or her, as well as the ‘subsequent right’ for those views to be given due weight, in line with the age and maturity of the child involved. The right of the child to be heard, as expressed in the Convention on the Rights of the Child represents a shift in perspectives from children as ‘incomplete human beings’ to children as subjects of rights and not merely objects of legal protection. This article provides an overview of the manner in which the principle of child participation is incorporated in some family law matters affecting children in South Africa. |
Article |
Out of the Box? Domestic and Private International Law Aspects of Gender RegistrationA Comparative Analysis of Germany and the Netherlands |
Journal | European Journal of Law Reform, Issue 2 2015 |
Keywords | gender identity, sex registration, intersex, transgender, private international law |
Authors | Dr. Marjolein van den Brink, Dr. iur. Philipp Reuß and Dr. Jet Tigchelaar |
AbstractAuthor's information |
The legal regulation of gender identity seems to be in a state of flux. This paper compares the German and Dutch legal systems with regard to the registration of a person’s sex, focusing on the possibility in both countries not to register a baby’s sex until it can be clearly determined. In both systems, it has thus become possible that a person has no specified gender for a considerable period of time. These persons may encounter various kinds of legal problems, since the two jurisdictions have not been adapted to accommodate them. In addition, two potential problems regarding private international law issues are discussed. |
Article |
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Journal | Family & Law, May 2015 |
Authors | Dr. Liesbet Pluym Ph.D. |
Abstract |
Zowel in België als in Nederland komt draagmoederschap voor. Deze bijdrage heeft tot doel om de houding van de twee buurlanden ten aanzien van dit controversiële fenomeen te onderzoeken en te vergelijken. |
Article |
Non-Violent StruggleThe 1992 Kenyan Case Study of the Protective Power and the Curse of Female Nakedness |
Journal | International Journal of Conflict Engagement and Resolution, Issue 1 2015 |
Keywords | non-violent struggle, dynamics of non-violent struggle, strategic planning in non-violent struggle, protective power of the vulva, curse of female nakedness |
Authors | Dr. Peter Karari |
AbstractAuthor's information |
Non-violent struggle is a technique by which the population can restrict and sever the sources of power of their oppressors while mobilizing their own potentials into effective power. Female nakedness is one type of non-violent action that can be mobilized to facilitate women’s emancipation from gendered-cum-patriarchal oppression, violence and marginalization. A literature review indicates that female nakedness has been used for many centuries around the world to stop wars, ward off enemies, agitate for rights, prevent pests and increase harvests. Studies show that the effectiveness of non-violent struggle requires strategic planning and understanding of the dynamics involved. This article analyses the 1992 women’s nude protest in Kenya aimed at pushing for the release of political prisoners. This study investigates three questions: (1) In what ways was the 1992 women’s nude protest in Kenya a success? (2) What were the struggle’s flaws? (3) What strategic plans and/or dynamics of non-violent struggle could have been employed to make this protest more effective? The findings of this research indicate that: (1) The nude protest was partially a success because it secured the release of all political prisoners and nurtured democratization; (2) the struggle failed to embrace some strategic planning and/or the dynamics of non-violent struggle in addition to hunger strike and female nakedness; and (3) the protest could have been more successful if it embraced particular strategic plans and/or dynamics of non-violent struggle such as negotiation, power relations, prioritization of tactics and methods of non-violent struggle, access to critical material resources and clear monitoring and evaluation strategies. |
Article |
Process Pluralism in Transitional-Restorative JusticeLessons from Dispute Resolution for Cultural Variations in Goals beyond Rule of Law and Democracy Development (Argentina and Chile) |
Journal | International Journal of Conflict Engagement and Resolution, Issue 1 2015 |
Keywords | transitional justice, conflict resolution, process pluralism, cultural variation, individual and collective justice |
Authors | Carrie Menkel-Meadow |
AbstractAuthor's information |
This article reviews some of the key issues in transitional justice process and institutional design, based on my research and experience working and living in several post-conflict societies, and suggests that cultural and political variations in transitional justice design, practices, and processes are necessary to accomplish plural goals. The idea of process pluralism, derived from the more general fields of conflict resolution and ‘alternative dispute resolution’ in legal contexts, is an essential part of transitional justice, where multiple processes may occur simultaneously or in sequence over time (e.g. truth and reconciliation processes, with or without amnesty, prosecutions, lustration and/or more local legal and communitarian processes), depending on both individual and collective preferences and resources. Transitional justice is itself ‘in transition’ as iterative learning has developed from assessment of different processes in different contexts (post-military dictatorships, civil wars, and international and sub-national conflicts). This article draws on examples from Argentina’s and Chile’s emergence from post-military dictatorships to describe and analyze a plurality of processes, including more formal governmental processes, but also those formed by civil society groups at sub-national levels. This article suggests that ‘democracy development’ and legalistic ‘rule of law’ goals and institutional design may not necessarily be the only desiderata in transitional justice, where more than the ‘legal’ and ‘governmental’ is at stake for more peaceful human flourishing. To use an important concept from dispute resolution, the “forum must fit the fuss”, and there are many different kinds of ‘fusses’ to be dealt with in transitional justice, at different levels of society – more than legal and governmental but also social, cultural and reparative. |
Article |
Creating New Pathways to Justice Using Simple Artificial Intelligence and Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 1 2015 |
Keywords | expert system, online dispute resolution, artificial intelligence, access to justice, legal information technology |
Authors | Darin Thompson |
AbstractAuthor's information |
Access to justice in can be improved significantly through implementation of simple artificial intelligence (AI) based expert systems deployed within a broader online dispute resolution (ODR) framework. |
Article |
Spain: Towards a National Space Legislation and a Spanish Space Agency? |
Journal | International Institute of Space Law, Issue 5 2015 |
Authors | María-del-Carmen Muñoz-Rodríguez |
Author's information |
Article |
Space Traffic Management Regime Needs and Organizational Options |
Journal | International Institute of Space Law, Issue 4 2015 |
Authors | James D. Rendleman and Brian D. Green |
Author's information |
Article |
The Rule of Law Reform and Judicial Education in PakistanSearch for a Model |
Journal | European Journal of Law Reform, Issue 1 2015 |
Keywords | judicial education, rule of law reform, Khyber Pakhtunkhwa, militancy, Pakistan |
Authors | Khurshid Iqbal |
AbstractAuthor's information |
The article investigates the intrinsic and instrumental roles of judicial education in broader contours of the rule of law theory and reform practice in a developing country. It focuses on: firstly, the relationship between judicial education and the rule of law theory and reform practice; secondly, whether and how judicial education can promote the rule of law; and third, the challenges to a successful judicial education in strengthening the rule of law. Examining Pakistan as a case study, the article explores challenges to judicial education in Pakistan and critically assesses Pakistan’s rule of law reform efforts to overcome those challenges. Evidence shows that key challenges to judicial education in Pakistan are lack of a national judicial educational vision and a well thought out policy, coordinated efforts to training needs assessment, curriculum and faculty, research and learning best practices, as means of development and innovation. Of special concern is the role of judicial education in promoting the rule of law to address security issues embedded in (bad) governance. The article finds that in view of its initial limited success, the judicial academy of Pakistan’s terrorism-hit Khyber Pakhtunkhwa (KP) province may play a role model to improve judicial services and thereby help promote the rule of law in a post-conflict society. |
Article |
Extra-Marital Children and Their Right to Inherit from Their Fathers in BotswanaA Critical Appraisal |
Journal | European Journal of Law Reform, Issue 1 2015 |
Keywords | extra-marital children, inheritance, fathers, Botswana, human rights |
Authors | Obonye Jonas |
AbstractAuthor's information |
Despite the fact that in recent years a number of states have extended to non-marital children many of the legal rights previously exclusively granted to legitimate children, Botswana still denies non-marital children a wide constellation of their basic rights. One such area where the rights of non-marital children are violated in Botswana is inheritance. In terms of the law of succession of Botswana, extra-marital children have no real legal rights to inherit from and through their father, both at customary law and Common Law. This article discusses and analyses the rule that excludes non-marital children from inheriting from and through their fathers under the two systems of laws. Its central claim is that this rule is antithetical to extra-marital children’s rights to equality, non-discrimination, and dignity. The article argues that the rule is devoid of social currency, has no place in a democratic society, and must be abolished. |