1,720,966 research outputs found
The employment contract in private international law
Get PDFLL.M. (International Commercial Law)“It is in this very context of employment relationships which have a cross-border dimension that conflict of law between individual legislative systems in the area of employment law raise complex questions of law. One of the consequences of this is that they often present the courts … which are called upon to determine the law applicable to an employment contract with considerable problems. Alongside the customary difficulties associated with interpreting the employment contract comes the uncertainty as to what the best approach is to determining the applicable law. These difficulties in judicial practice are on the increase as it becomes more common for workers to be posted, more EU citizens avail themselves of the freedom of movement for workers and more undertakings enter into relationships with firms overseas or operate places of business in other countries. The – temporary or indefinite – posting of large numbers of employees has become an important aspect of international economic relations, not only within the European internal market but, more generally, throughout the world. It is for that very reason that there is an urgent need for conflict of law rules which offer the contracting parties foreseeable solutions to the numerous problems that affect employment relationships...”Like Advocate General Trstenjak, South African writers are not ignorant of the complications that international contracts of employment bring. As correctly pointed out by Calitz, globalisation has resulted in many South African employees increasingly working for South African employers outside of South Africa and the determination of any disputes that may arise in these unique employment relationships requires the application of conflict of laws. This is problematic and the present author submits that there is a lacuna in South African private international law in respect of employment contracts involving a foreign element. A number of factors have contributed to this gap in South African private international law, namely the infrequency with which judges in South African courts have been called upon to determine such issues
The law applicable to liability arising from the use of selfdriving cars in the wake of the Fourth Industrial Revolution : a global comparative analysis
Get PDFAbstract: This study explores the liability associated with the use of autonomous vehicles. With the increase in efforts by automobile industries to manufacture driverless cars, the issue of liability occupies the front seat of the discussion. A major benefit of autonomous and connected vehicles is their potential to ameliorate, if not eradicate, avoidable accidents on roads. Currently, it is estimated that 90% of road accidents are caused by human error. The epoch of driverless vehicles, where the narrative will drastically change, is upon us. This means a shift away from human liability to machine liability, since these technologies have in-built algorithms to ensure autonomous decisions by the vehicle. Product liability becomes crucial in the wake of driverless cars. The gradual and ultimate shift of liability from the traditional human driver to the machine ‘driver’ coupled with the cross-border sale of driverless vehicles provide justification for scholarly attention. Accidents may now be attributed to technological error and not human mistake. Conflict of law issues become central in instances where manufacturers and users live in different parts of the world...LL.M. (International Commercial Law
The recognition and enforcement of foreign judgments in Malawi
Get PDFAbstract: Please refer to full text to view abstractLL.M
The possible impact of the Hague Convention on the recognition and enforcement of foreign judgments in civil or commercial matters on private international law in common-law West Africa
Get PDFAbstract: Please refer to full text to view abstract.LL.M. (International Commercial Law
The compatibility of South African anti-dumping laws with WTO disciplines
Get PDFAbstract: This dissertation evaluates the compatibility of South African laws on antidumping and their application with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002, and the Anti-Dumping Regulations, 2003, to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. This has in turn resulted in strained relationships between South African and the other members of the international community in regard to the procedures adopted during antidumping investigations.LL.M. (International Commercial Law
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
International Commercial Law Emerging in Africa
No full textThis article provides an overview of the history of international commercial law in Africa with reference to instruments of the three sister organisations of private international law (in a wide sense): UNCITRAL (the United Nations Commission on International Trade Law), UNIDROIT (the International Institute for the Unification of Private Law) and the HCCH (the Hague Conference on Private International Law). The adoption of UNIDROIT's Cape Town Convention on International Interests in Mobile Equipment of 2001 is identified as a possible watershed moment in respect of the future development of international commercial law in Africa. Following the creation of an African Continental Free Trade Area by member countries of the African Union, it is suggested that participating states reconsider joining the United Nations Convention on the International Sale of Goods (1980) (CISG) and incorporating the UNCITRAL Model Law on International Commercial Arbitration (1985/2006), which are in a certain sense the two founding documents of the modern lex mercatoria. Another priority, the author suggests, is that Africa needs a supporting instrument on the private international law of contract. The first draft of the African Principles on the Law Applicable to International Commercial Contracts is then discussed with an emphasis on the role of substantive law instruments, in particular the CIS
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