ASEAN aims at a single market where goods, services, capital, labor and investment will move across the border. This requires removal of legal barriers, which, in turns, necessitates harmonization of law. ASEAN leadership has rightly appreciated this truth and has assigned different Working Groups to harmonize laws in various areas. It has made an important progress in this respect in the area of electronic commercial law. Most of the Member States have adopted laws mainly modeled on the UNCITRAL Model law on Electronic Commerce (1996) and the UnitedNationsConvention on the Use of ElectronicCommunications in InternationalContracts (2005). However, the legal harmonization requires a uniform judicial interpretation of the legal rules, which is absent in ASEAN at this moment. This is evidenced by three case laws from Malaysia, Philippines and Singapore discussed above. To help the national judiciaries make uniform interpretation, it is essential that there should be a case law e-repository maintained by the ASEAN Secretariat so that the judges, arbitrators, lawyers and academics may remain updated of the judicial decisions/arbitral awards in other jurisdictions. In this respect, the modality suggested above in this paper may be implemented. If this is done, an ASEAN approach of legal interpretation will emerge over the time. This may be called the ASEAN jurisconsultorium, a smaller version of “global jurisconsultorium,” which is defined as a ‘process of consultation that takes place across borders and legal systems with the aim of producing autonomous uniform interpretations and application of uniform law.’ (DiMatteo, 2014; Andersen, 2009).
The Impossibility of performance of the contract as an exemption from liability, arising from the breach of contract, is an issue which is discussed in the sale contracts. International Sale of Goods which is enacted in 1980, discusses the matter in its Article 79. The CISG abstains to use such terms as Frustration and Force majeure which are used in national legal systems. This prevention of using such terms thought to be the way that CISG keeps itself independence from national legal systems. As a result the CISG ordains its specific terms and conditions to set up the exemption for damages arising from the breach of contract by the person who has faced impediments and breached the contract. This research studies different aspects of the impossibility of performance of contract in The Convention on the International Sale of Goods, therefore not only it presents the concept and bases of occurrence of the Force majeure, it discusses applicable examples such as sanctions and changes in regulations as Force majeure.
3. Professor Michael Gordon, at the University of Florida, conducted an earlier study of attitudes towards the CISG and the UNIDROIT Principles among members of the Florida bar, judiciary and academia a decade ago, which was one of the first attempts to assess and document the use of these instruments in this country. M.W. Gordon, Some Thoughts on the Receptiveness of Contracts Rules in the CISG and UNIDROIT Principles as Reflected in One State’s (Florida) Experience of (1) Law School Faculty, (2) Members of the Bar with an International Practice, and (3) Judges, 46 A M . J. C OMP . L. 361 (1998). Other papers which touch upon the U.S. experience with these instruments include W.S. Dodge, Teaching the CISG in Contracts, 50 J. L EGAL E DUC . 72, 74-78 (2000); M.F. Koehler & G. Yujun, The Acceptance of the Unified Sales Law (CISG) in Different Legal Systems—An International Comparison of Three Surveys on the Exclusion of the CISG’s Application Conducted in the United States, Germany, and China, 20 P ACE I NT ’ L L. R EV . (forthcoming 2008); G. Philippopoulos, Awareness of the CISG Among American Attorneys, 40 UCC L.J. 357 (2008); C.S. Sukurs, Harmonizing the Battle of the Forms: a Comparison of the United States, Canada, and the UnitedNationsConvention on Contracts for the International Sale of Goods, 34 V AND . J. T RANSNAT ’ L L. 1481, 1511-15 (2001); and J. Ziegel, The Scope of the Convention: Reaching Out to Article One and Beyond, 25 J.L. & C OM . 59, 67-71 (2005).
The country entered its 17th year of civil war with no real end in sight. Peace talks continued at different levels, but none of the opposing sides seemed prepared for real compromise. The main areas of insecurity in 1999 remained Northern Bahr el Gazal and Western Upper Nile around the oilfields. The Government of Sudan continued its occasional bombing raids all over the South. ECHO provided support for around 40 programmes (health, water, food security) over the year. Almost all of these were under the umbrella of Operation Lifeline Sudan, the UnitedNations framework for providing aid to those affected by war in the one of the poorest, least accessible regions in the world. About a third of the funds went to the operations in government-controlled areas, and the rest to the operations
The current and proposed system of refugee family reunion often fails to useinternational sources of law and instructive comments to inform deci- sion-making. The application process, as already noted, is based on a generic se- ries of questions which are often not relevant in the sponsor’s circumstances and establishes obfuscation rather than clarity. As way of an example, refugee family reunion does not require satisfaction of the “adequate maintenance and accom- modation” test for persons seeking to reside in the UK. But, as there is no be- spoke form or indeed system for refugee family reunion, sponsors are forced to comply with completing the appendix forms which asks for this information. It is possible that this aspect of the form is not tested and if it were it would likely be subject to a judicial review. However, at the time of writing this has not oc- curred. It is worth reiterating at this stage that the submission of the application form by the sponsor is considered by an ECO and a negative decision is then confirmed by an ECM before the sponsor’s family are informed. This is per- formed through a paper-based exercise with no ability or availability for the sponsor to speak directly with the ECO, to answer questions, or to provide sup- plementary and supporting evidence before a decision is made. The letter sent to the sponsor’s family is reminiscent of a template document and uses accusatory language relating to the credibility of the evidence and can even extend to that of the existence of any relationship between the sponsor and their family. This power imbalance, the lack of transparency, and the efficacy of attempting to ad- dress the defects of the first application (where such indication is communi- cated) all establish a result of a process which is anti-therapeutic. A negative re- sult regarding a sponsor’s application for family reunion will always be disap- pointing, but here the process itself compounds the negativity and causes despair
Abstract. Studies of Language for Specific Purposes (LSP) aim at mastering particular terms of the target discourse community in the given field of knowledge. This cannot be achieved without comprehending the concepts denoted by the terms and their generic- specific relations which is not always the case in popular usage by media and translation. The given research is a small-scale analysis of conceptualisation and denotation of bribery offences in different legal settings (the international conventions and three national legal systems – the UK, Lithuanian and Russian) intended to expose the way of circumnavigating non-equivalency for LSP/ESP (English for Specific Purposes) learners. Firstly, bribery concepts in two international conventions are analysed and their terminological denotations in English, Lithuanian and Russian versions of the conventions are extracted. Secondly, functional equivalents of the international bribery concepts (the generic concept of bribery and the concepts forming the dichotomies of bribery types and forms) in the UK, LT and RU national legal settings are determined. Finally, terminological counterparts denoting the bribery concepts in the investigated legal settings are established. The analysis is performed using the methodology of contrastive conceptual analysis which focuses on logical relationship among the concepts, namely hierarchical genus-species relations, in lexical semantics referred to as hyper-hyponymic relations. The methodology enables to compare conceptualisation and denotation of bribery offences and highlight their incongruities. The procedure and the results described in the paper are believed to be valuable to the learners and teachers of LSP/ESP, to the translators and could enhance efficient international professional communication.
In the Republic of Korea, it is possible for claimants to directly sue against liability insurers if an oil spill occurs due to a wreck of tanker vessel or any other type of ship, based on CLC PROT 1992 and BUNKERS 2001 which South Korea has ratified in 1997 and 2009 respectively, as well as the national law, the Compensation for Oil Pollution Damage Guarantee Act which domestically adopts CLC PROT 1992 and BUNKERS 2001 into one single law. In accordance with Article 16 of the Korean Act, victims of oil pollution from oil tankers may directly claim against insurers that provide ‘indemnity contracts’ to the shipowners, unless the accident occurs due to ‘intentional misconduct’ of the owners (Sub-article 1). The liability insurers may have only defences that shipowners may argue against the claimants (Sub-article 2). Vessels other than tankers are also under the same rules based on Article 49 of the Act. The Article regulates that ‘[a]s for the indemnity contract for damage compensation and the compensation for damage against the insurers, etc. of general vessels and oil storage barges, Articles 16 through 19 shall apply mutatis mutandis’. However, with regard to a wreck itself, i.e. without oil spill, there is no such protective legal mean which allows direct claims against insurers under the current legal system in Korea. Thus, if a shipowner does not possess solvency for costs of wreck marking and removing in Korean waters, central or local government have to bear such expenses and they are ultimately tax payments by national people including victims, even though a robust liability insurer exists behind the bankrupt shipowner. Therefore, a new regulation of direct action for wreck itself is required to be supplemented through a further revision.
The UnitedNations is not, as an international personality in its own right, a party to any of the conventions relating to armed conflict. It is sometimes suggested that it should become a party. This, however, could impede its peacekeeping missions. The problem is the threshold of application of the conventions. There are situations in peacekeeping, especially those that re- quire—or come to require—“robust” measures, that may cross the threshold, but it may be undesirable for the operation to “change gears” notionally from a peacekeeping mission into an armed conflict. This could well be escalatory in effect. Moreover, there would be something odd about a situation in which the UnitedNations, in the name of the international community, is conduct- ing an essentially peaceful operation in accordance with the UnitedNations Charter, which could be characterized nonetheless as an “armed conflict” in which UnitedNations forces and opposed forces are equally “combatants.” It has rightly been suggested that the threshold of armed conflict must be set higher than that set by the Geneva Conventions and Protocols where UnitedNations peacekeeping operations are concerned. 12
D. The Future of Binding Dispute Resolution under UNCLOS Taken together, the developments in Arctic Sunrise and The South China Sea Arbitration may portend difficulties for Part XV in the future. If China, Russia, and the U.S. all reject the system’s legitimacy when the issues are unfavorable to them, other states will have little incentive to submit to resolution of their disputes if the results do not suit their interests. Although these cases may be isolated instances, they seem to reinforce each other by providing a proven method of stonewalling international tribunals behind Article 298 declarations. Because Russia and China seem to have suffered no consequences for their actions, it will be difficult for ITLOS and the PCA to hold other obstinate parties to task in the future.
experience find working as researchers valuable, they are frustrated by the lack of change resulting from research findings (Garcia Iriarte et al. 2014). The importance of dissemination of the participants’ stories by means of easily accessible videos was identified and articulated with strength by the experts by experience in the research team. The findings from research carried out with participants with disabilities is often not accessible to them. This makes it more difficult for them to use the evidence, for example, to campaign for change. By making the stories available in accessible formats (videos, short narratives and photos), the project promotes the use of evidence on social inclusion by people with intellectual disabilities and families. In this way, people with intellectual disabilities and families may be enabled to
States and the United Kingdom invaded Iraq in early 2003. The resolution, which was adopted under Chapter VII of the UN Charter, included a number of paragraphs that were important to a legal characterization of post-confict Iraq. In its preamble, it notes the letter of 8 May 2003 from the Permanent Representatives of the United States and the United Kingdom to the President of the Security Council and recognizes “the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers under unified command (the ‘Authority’).” The Council hereby ob- served that the US and the UK were occupying powers under international humanitarian law, and that consequently the provisions of the Hague Regula- tions 1907 and Geneva Convention ( IV ) of 1949 were applicable to them. Under international humanitarian law, an occupation is conceived of as a temporary administration of territory. For this reason the law, to a large extent, restricts the occupying power from interfering in state structures of the occupied territory. For example, Article 43 of the 1907 Hague Regulations provides that the occupying power shall respect, unless absolutely prevented, the laws in force in the country. Article 53 of the the same regulations provides that an army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the state, depots of arms, means of transport, stores and supplies, and, generally, all movable property be- longing to the state which may be used for military operations. In other words, the law of occupation does not envisage changing the state structures of the occupied territory. Resolution 1483, however, calls upon the Authority to:
If a new generation of child health professionals are to understand the critical issues affecting the health and well-being of children, then they must be educated early in their careers about children’s rights. They must be provided a language to use that is relevant and understandable to parents. Concerns of pediatricians, in particular those in the United States, related to the balance established by the con- vention between parental rights and children’s rights can be answered by increasing their breadth of knowledge about the focus of the convention on family and parents. This is important as the conven- tion has the potential to facilitate advocacy in ways that have not been possible in the past. If we learn how to measure and evaluate the extent to which children’s rights are realized, then we may well have the kind of markers that can be translated into strat- egies and programs that address the critical determi- nants of child health. Use of the convention in these terms can provide the AAP and the RCPCH new perspectives and approaches to advocate for child health. With respect to the AAP and the RCPCH: • The AAP and the RCPCH should expand their
38. Nigeria is not party to any bilateral or multilateral convention on the recognition and enforcement of judgments. The enforcement of foreign judgments in Nigeria is therefore governed by two statutes. That is to say, the Reciprocal Enforcement of Judgments Ordinance 1958 and the Foreign Judgment (Reciprocal Enforcement) Act Cap. C. 35 LFN 2004 <www,uubo.org/media/…/enforcement-of-foreign-judgments-under- nigerian-law-pdf> visited on 01/06/2018. Same is applicable, for while the United States has been a signatory of the 1958 UnitedNationsConvention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) since 1970, it is not currently party to any international treaty for the recognition of foreign courts judgments; see Yuliya Zeynalova,The Law on Recognition and Enforcement of Foreign Judgments: Is It Broken and How Do We Fix It?, 31 BerkeleyJ. Int'lLaw. 150 (2013). < https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?referer&httpsredir= 1&article=1435&context=bjil>.Unlike foreign arbitral awards, which are governed by the New York Convention, no treaty outlines the circumstances under which U.S courts may recognize foreign awards and vice versa. Transnational litigants are therefore more likely to encounter difficulties enforcing their foreign courts awards than parties seeking to enforce their foreign arbitral awards. This disparity is particularly clear because of the almost universal agreement that recognition and enforcement under the New York Convention ‘works’ and the absence of a comparably reliable mechanism for the recognition and enforcement of foreign courts awards. In the United States for instance, while the principle of Comity of Nations, the common law and individual states’ laws do allow American courts to recognize and enforce foreign judgments, foreign courts may not necessarily reciprocate. Enforcing U.S courts judgments abroad can prove especially difficult in light of divergent rules on jurisdiction, requirements for special service of process, reciprocity and some foreign countries’ public policy concerns over enforcing American jury awards carrying hefty punitive damages. <https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article= 1435& context=bjil > visited on 01/06/2018.
The definition is meant to provide consistency and consensus around the world on the phenomenon of trafficking in persons. The Protocol also provides that the consent of a victim of trafficking in persons for intended exploitation is irrelevant once deception, coercion, force, or other prohibited means have been used (Article 3b). Therefore, consent cannot be used as a defense to absolve traffickers from criminal responsibility. The Protocol further states that in trafficking cases involv- ing children, “the recruitment, transfer, transportation, harboring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons, even if this does not involve any improper means such as coercion, deception, etc.” (Article 3c). This means that the Protocol acknowledges that a child, who is a per- son under the age of 18, cannot give valid consent in any circumstance. The Proto- col requires that any conduct as set out in Article 3 be criminalized in domestic legislation (Article 5). The enabling and contributing factors involved in human trafficking that have been identified include, among others, poverty, unemploy- ment, internal and external conflict, lack of access to education, porous borders, poor law enforcement, cultural misconceptions or abuse, regional conflict, and HIV/Aids (Ruby & Benjamin). It is notable, however, that new international stand- ards define human trafficking in terms of how the victim is exploited and in terms of the victim being in transit (Harrop, 2012). Thus, while a person may be trafficked overseas and across borders, a trafficked person may also be one who is exploited in his or her current location. Three major types of trafficking in persons have been identified in Africa. These are: trafficking in women and young persons for sexual exploitation, mainly outside the region; trafficking in children primarily for farm labor and domestic work within and across countries; and trafficking in women from outside the region for the sex industry (Adepoju, 2005).
But also, there is another pattern for the approval of conventions which is not strictly related to the decision of any State. This is the case of the InternationalConvention for the Control and Management of Ship´s Ballast Water and Sediments, 2004 (BWM 2004) which was open for signature by States from 1 June 2004 to 31 May 2005 and shall thereafter remain open for accession by any State. This Convention is not yet in force due to the fact that to be effective it requires twelve months after the date on which not less than thirty States, the combined merchant fleets of which constitute not less than thirty-five percent of the gross tonnage of the world’s merchant shipping, have either signed it without reservation as to ratification, acceptance or approval, or have deposited the requisite instrument of ratification, acceptance, approval or accession. In such a case all states are not considered equal; states with the largest fleets, such as those considered flags of convenience, have more faculties. However, a State should have sovereignty over a geographic area in which its government has the competence and authority to make law 67 . This singular feature shows that, comparatively, a state depends not only on jurisdiction over its territory but also on its ability to grant faculties to its flag vessels so they may obtain greater benefits than others. In brief, this situation, considering at the same time the use of flags of convenience, allows international companies, brands and firms to have empowerment over the real interest of the state in its EEZ.
However, the UnitedNationsConvention on the Rights of the Child (UNCRC) 1989 is significant for not only being the first global treaty that exclusively entrenches definable rights for children but also the most internationally ratified treaty. 77 The enunciation of these rights in a multilateral treaty helped to draw attention to fundamental but globally acceptable principles, which the signatories became duty-bound to incorporate in their domestic laws and policies. 78 Caballero 79 has classified the Child’s rights guaranteed under the Child’s Rights Convention into four basic categories. These are, rights to basic needs (i.e. right to life, right to health, right to water, right to food and right to housing); rights to specific needs (i.e. right to be cared for by parents, rights to education and rights to rest, play, leisure/recreational activities and freely have access to cultural life); participatory rights (i.e. rights to active participation, right to freedom of expression, association and assembly, accountability and right to effective remedy); as well as civil and political rights (i.e. right to nationality, right to birth registration, right to preservation of identity, right to equal protection against discrimination, right to privacy and family life). 80 These