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Categorizing Foreign Direct Investment Protection Mechanisms
Get PDFThe paper explores the various foreign direct investment protection mechanisms through categorising them in order of their application so that foreign investors can clearly understand the nature of these mechanisms and when and how they can be effectively used for their benefit
Rethinking the Common Intention Constructive Trusts in Stack v Dowden and Jones v Kernott – should the Resulting Trusts be preferred?
Get PDFYee Ching Leung takes the two landmark cases, Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53, as starting points to consider the new Common Intention Constructive Trust approach in dealing with the issue of how the beneficial interest of a property is to be shared between two separating cohabitants. The article analyses whether this new approach should be preferred over the traditional Resulting Trust approach. The author explains the two approaches and gives three arguments in support of the Resulting Trust approach. First, it provides a greater degree of certainty, which is crucial in property law. Secondly, the traditional approach is more coherent in principle when comparing to the Common Intention Constructive Trust approach. Thirdly, the author argues that the Resulting Trust approach would not leave the discretion of judges unconfined. Toward the end of the article, the author gives two brief replies to the critics of the Resulting Trust approach. However, the Common Intention Constructive Trust approach is now the law of England and whether the Resulting Trust approach will return remains to be seen
Compromising on the Leveson reforms
Get PDFJulian Harris gives an update on ongoing compromises in implementation of the Leveson reforms. The influential House of Commons Culture, Media and Sport Committee has suggested newspapers and magazines should not be compelled to accept regulation under the terms of the Royal Charter if a regulator which meets the “spirit” of the Leveson reforms can be created by the press. Some will see the committee’s analysis as providing the basis for a modified system of Leveson press control acceptable to government and the industry, while to others it will signal a return to self-regulation and the shortcomings of the Press Complaints Commission
Human dignity: an illusory limit for the evolutive interpretation of the ECHR?
Get PDFIn this article Pavel Bureš (Senior Lecturer in Public International Law in the Faculty of Law at Palacky University, Czech Republic) aims to portray some basic elements of the relationship between the concepy of human dignity and the evolutive interpretation, setting out key elements, notions and considerations for further thoughts. The article presents some basic issues related to the subject matter, then focuses on the evolutive interpretation, and finally outlines the role of human dignity in the case law related to the evolutive interpretation.
Index keywords: Human rights, human dignity, European Court of Human Right
Commercial registers and transparency
Get PDFCommercial registers are a traditional source of information and a service for merchants. They have recently been subject to reform and modernisation and have been joined by additional registers and databases in the pursuit of transparency. In this article Dr Maren Heidemann (Associate Research Fellow at IALS) highlights recent reforms of commercial registers in Europe as well as challenges and opportunities arising from transparency registers and their relationship the traditional commercial register.
Index keywords: Commercial law, Europe.transparency, commercial registers
 
World electronic signature legislation
No full textTable of electronic signature legislation. Prepared, maintained and copyright Stephen Mason. The list of statutes below is probably not comprehensive and, although the author has tried to check the accuracy of citations and gather as much relevant information about the legislation as possible from lawyers in the jurisdictions included in this list. For obvious reasons, it is not possible to rely on the accuracy of this list, which is provided as a first point of research
A more fundamental distinction for the contemporary economy between employee and independent contractor status
Get PDFIn this paper Professor Michael C Harper (Professor of Law and Barreca Labor Relations Scholar, Boston University School of Law) examines comparative developments in Employment Law in Anglo-American common law legal systems - drawing on his work and experience as a Reporter for the Restatement of Employment Law (Restatement) project of the American Law Institute (ALI)