SAS Open Journals
Not a member yet
4299 research outputs found
Sort by
The Rise of Self-Driving Cars: Is the Private International Law Framework for non-contractual obligations posing a bump in the road?
Get PDFThis article focusses on some implications related to the commercialisation of self-driving or autonomous cars. Such vehicles are no longer a mere futuristic idea. They could soon be available on the market. Society in general and the applicable rules in particular will undergo a transformation following the introduction of autonomous vehicles. Despite the many benefits, self-driving cars also pose several challenges. These do not only relate to technical aspects but also to the influence of the autonomisation of traffic on infrastructure and employment in different sectors. More importantly, several legal challenges will need to be addressed as well before society will be able to fully enjoy the benefits of self-driving cars. The question as to who should be held liable for damage caused by self-driving car has already been addressed in academia. Less attention has been devoted to the relationship between autonomous vehicles and the existing private international law rules in the European Union. Although the application of the current jurisdictional and conflict of laws rules does not present problems, the membership of some EU Member States of the 1971 Hague Traffic Accidents Convention and/or the 1973 Hague Products Liability Convention impedes the harmonisation of conflict of laws rules in non-contractual matters as envisaged by the Rome II Regulation. In cases concerning liability arising from traffic accidents and in product liability cases, different Member States courts sometimes apply a different national law. This reduces foreseeability and legal certainty
The ‘bottom-up pledge and review’ approach of nationally determined contributions (NDCs) in the Paris Agreement: A Historical Breakthrough or a setback in new climate governance?
Get PDFSharaban Tahura Zaman considers the significance of the Paris Agreement, 2015 in the global climate regulatory regime, explaining how it inscribed a new pragmatic regulatory framework through Nationally Determined Contributions with the intention of delivering adequate mitigation actions and ratchet them up over time so that by the second half of the century carbon neutrality can be achieved. The discussion in the article develops under three broad themes. The first part briefly dwells upon the changing context of the climate governance regime from the top-down to the bottom-up approaches. Then, the second part examines the legal character of the ‘bottom-up pledge and review’ approach of NDCs through the lens of international law. The third part identifies the key strengths and weaknesses of NDCs’ ‘bottom-up pledge and review’ approach to effectively address mitigation issues
Existing without Equity: is the floating charge a successful importation in China?
Get PDFLei Zhang discusses China’s efforts to develop a coherent and comprehensive financial system corresponding to the worldwide financial boom, considering the potential role of the floating charge as a security mechanism in financial system regulation and insolvency process, enabling creditors to control loan risks and consequently lowers the cost of credit to debtors. The importation of the floating charge was contemplated to improve the financing ability of companies and therefore accelerate the financial liquidity in the Chinese market economy. It was expected to facilitate the development of privately-owned small and medium enterprises under “policy-lending” context, where the Chinese government controlled bank lending mainly towards state-owned enterprises. However, those conceptual advantages can only be achieved if the floating charge can operate in the host legal environment efficiently and harmoniously. The author explains that since the floating charge is a product of equity, there are many problems faced by Chinese legislators
Material Breach and its Exception: An Analysis of a ‘Humanitarian Character’
Get PDFThanapat Chatinakrob explains the definition and the object and purpose of a material breach under Article 60 of the Vienna Convention on the law of treaties by exploring its development from the principle inadimplenti non est adimplendum to ‘fundamental’ and ‘material’ breaches. The article outlines the way material breach works in practise, including its scope, the kinds of breaches made and procedures to be followed, by analysing decisions by international courts and tribunals and the travaux préparatoire of the Vienna Conferences. The author provides an analysis of the exclusion of ‘humanitarian character’ to prevent the entitlement of Article 60, proposing some observations to treaties that might involve a humanitarian character, especially human rights treaties
