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What lessons may one draw from Brexit?
Get PDFIn this article Dr Charles Chatterjee aims not to evaluate the merits and disadvantages of Brexit (exit of Britain) from the European Union as a consequence of the referendum held on 23 June 2016, but to deal with a wider issue of how viable are political unions
Benchmarking for a more balanced legislation: the example of copyright law
Get PDFIn this paper Dr Ana Ramalho explores the legislative process in the European Union through the example of copyright law. The powers of the EU to enact legislation in a given area are dependent upon a competence norm that grants it legitimacy to act. This flows from the principle of conferral, enshrined in Article 5(2) of the Treaty on European Union (TEU). In the field of copyright, law-making powers have been mostly derived from Article 114 of the Treaty on the Functioning of the European Union (TFEU), which ties law-making powers to the need to build an internal market. The trigger for EU action is the difference between EU Member States in many fundamental aspects of their copyright regimes (as, eg, the scope of the rights granted), which thus act as barriers to the cross-border trade of copyright goods and services. This justification for legislative intervention is often mentioned (and explained) in the legislative proposals drafted by the EU Commission
Legislating for Internet safety
Get PDFJulian Harris summarises recent consideration on how to protect a child’s rights to privacy, freedom of expression and safety both online and offline, outlining thought on the opportunities and challenges posed by current and future legal frameworks, and the policies required to balance safeguards and rights
Artificial intelligence and adjudication: some perspectives
Get PDFIn this article the Hon Mr Justice David M. Masuhara, Supreme Court of British Columbia, briefly explores views that would be supportive of AI in the adjudicative process and those that would not. The author starts with a brief description of judicial decision-making and AI and then identifies and discusses the views and then offers dome comments on what an AI adjudication system might look like.
Index keywords: Artificial Intelligence, AI, Judicial procedure, Courts, Information technolog
The regulatory power of international trade contracts over 19th century Dutch commercial sales law
Get PDFAssistant Professor Janwillem Oosterhuis (Faculty of Law, Maastricht University) traces the historical development of international trade contracts, suggesting an important influence from 19th century Dutch commercial sales law.
Index keywords: Netherlands, sales law, commercial law, legal history, international trade la
Foreign Act of State: A Practical Guide from Buttes Gas to Belhaj
Get PDFForeign act of state, the principle that a domestic court will not ‘sit in judgment’ over the acts of foreign countries, is coming under increasing scrutiny, as illustrated by the recent case of Belhaj v Straw (2017). This article traces the emergence of the principle out of traditional rules of private international law that, according to Belhaj, continue to constrain the doctrine. The essay provides a practical guide to the doctrine for use by other judges, who will usually come across act of state in the context of a motion to dismiss or to strike out pleadings. The author reviews five key cases which have considered whether a ‘unifying’ doctrine exists apart from choice of law rules of private international law; whether the principle is one of jurisdiction, non-justiciability, or something different; and the nature of the ‘public policy’ exception. She suggests that the ‘disaggregation’ of act of state into four ‘rules’ posited in Belhaj will remain the organizing framework of the doctrine in the medium term—despite Lord Sumption’s attempts to condense it into one or two rules. She suggests the Supreme Court is departing from the notion of act of state as a broad and inflexible principle of jurisdiction and from the notion that courts should use it in cases where requested by the government to avoid embarrassment to its foreign policy. The author disagrees with the observation, made in Yukos Capital SAR v Rosneft Oil Co (2012), that non-justiciability—the notion that certain issues are inappropriate for domestic courts to adjudicate—has ‘subsumed’ act of state. Rather, it is doubtful that non-justiciability should continue to be regarded as part of the law of act of state. Whether act of state is restricted to acts taking place within the territory of the foreign state, whether it applies to all types of whether it applies to lawful as well as unlawful executive actions, or to judicial acts, still remain uncertain. The greater significance of Belhaj is seen to lie in the Court’s adoption of the public policy exception to act of state in certain circumstances. Five of the seven judges agreed that UK courts should adapt to modern conditions in the form of rules of public policy that are ‘sufficiently fundamental’ to distinguish the conduct in question (in Belhaj, alleged complicity in acts of torture) from other violations of international conventions
Electronic Evidence in Criminal Procedure: On the Effects of ICT and the Development towards the Network Society on the Life-cycle of Evidence
Get PDFThis paper provides a summary of the doctoral work of Juhana Riekkinen, awarded Doctor of Laws by the Lapin yliopisto (University of Lapland) on 5 June 2019.
Index words: Evidence law, civil procedure, Electronic evidence law and legislation, Electronic discovery, Electronic records, Information Technology, Network
Duty of care and engineering functional-safety standards
Get PDFThis paper considers the interactions between engineering standards and legal principles, but its author is not a lawyer and the paper does not consider the position in English law in any detail. Its purpose is to try to foster a deeper awareness of the issues.
Index words: automated systems, engineered systems, duty of care, health and safety law, United Kingdo
Case translation: Italy
Get PDFTribunale sez. V, Milano, 18/10/2016, n. 11402, Court of Milan, V Civil, 18 October 2016
Italy; evidence of contract; e-mails; validity of electronic signature; payment of invoices; Code of the Digital Administration decree 82/2005; Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC OJ L 257, 28.8.2014, p. 73–11