Business Law
Łukasz Żarnowiec
Abstract
Despite the over 30-year period of validity, rich jurisprudence and numerous studies devoted to it, the application of the provisions of the 1980 United Nations Convention on Contracts for International Sale of Goods still causes numerous problems for courts and participants in international trade. Especially ...
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Despite the over 30-year period of validity, rich jurisprudence and numerous studies devoted to it, the application of the provisions of the 1980 United Nations Convention on Contracts for International Sale of Goods still causes numerous problems for courts and participants in international trade. Especially controversial are issues relating to the scope of the Vienna Uniform Sales Law, including in particular: the question of its application to the sale of digital content, the assessment of the validity of the contract in regard to the content, the interpretation of contractual provisions which do not directly constitute the matter of a sale, or the identification of the parties to the contract. The Judgment of the Dutch Court, Rechtbank Midden-Nederland of March 25, 2015, issued in a dispute between a Canadian computer software vendor and its Dutch users, provides an opportunity to take a closer look at these issues. The main issues this study tries to address are the application of the Vienna Convention to the provision of digital content made available via the Internet, as well as the interpretation of contractual provisions not directly constituting the matter of a sale but related to it. Another examined issue is the law applicable to the identification of the parties and to the validity of the contract with regard to its content. The research is based on the interpretation and critical analysis of the available literature and jurisprudence, with particular emphasis on the Judgment passed by Rechtbank Midden-Nederland on March 25, 2015.
Zahra Amouzadrad
Abstract
One of the issues that have been raised in civil liability law from the past is the injured person's act and his fault in causing damage to himself and its impact on civil liability lawsuits. The problem is that whenever the injured person has committed a fault in the damage on himself. Although his ...
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One of the issues that have been raised in civil liability law from the past is the injured person's act and his fault in causing damage to himself and its impact on civil liability lawsuits. The problem is that whenever the injured person has committed a fault in the damage on himself. Although his responsibility is effective or has a role in the damage, in the law of Iran and France, it doesn't cause the injured person to be completely deprived of compensation and doesn't cause the irresponsibility of the perpetrator damage. Still, it also reduces the liability of the perpetrator of the harmful act. In Iranian law, the perpetrator of the harmful act and the injured person share equally in the occurrence of damages. Still, in French law, the extent of the impact of each cause on the occurrence of injuries is the Criterion. This issue is more advanced in Iranian law than in French law due to the rule of action; because the division of liability was accepted from the beginning. Therefore, in this dissertation, by referring to authoritative books and articles in this field, the subject has been studied by analytical and descriptive library methods.
Human Rights
Sreenivasulu N S
Abstract
The COVID-19 pandemic has created an unprecedented scene and situation across the globe in terms of the health of people at large. Hitherto unknown, unheard and unprecedented health emergency it has created which was never foreseen and anticipated by any wild stretch of the imagination by anyone. It ...
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The COVID-19 pandemic has created an unprecedented scene and situation across the globe in terms of the health of people at large. Hitherto unknown, unheard and unprecedented health emergency it has created which was never foreseen and anticipated by any wild stretch of the imagination by anyone. It has called for Resolution of the World Health Assembly[1], which recognizes that the COVID-19 pandemic has an impact on the poor and the most vulnerable, with repercussions on health and development gains, in particular in low-income countries. It further calls on cooperation between multilateral organizations and other stakeholders and the World Health Organization (WHO) to identify and provide options that respect the provisions of relevant international treaties, like the TRIPS Agreement and the flexibilities within TRIPS Agreement for ensuring Public Health. It is indeed required that, as proposed in the Doha declaration, flexibilities within the TRIPS agreement be used in protecting public health at large in the COVID pandemic times. Such flexibilities could include scaling up the development, manufacturing and distribution of medicines, including the vaccines, injunctions, capsules and tablets used in treating the COVID at present. It is also required that capacities be built for transparent, equitable and timely access to quality, safe, affordable and efficacious diagnostics, therapeutics, medicines, and vaccines for the treatment of COVID. It can be ensured only by using the flexibilities under international agreements like TRIPS while promoting the innovation in pharma for finding better solutions for COVID. [1] World Health Assembly (WHA) Resolution 73.1 of 19 May 2020,
Trade and Development Law
Yasmin Salama
Abstract
Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International ...
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Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand-scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding them accountable to societies where they operate. A few arbitral tribunals have grappled with the question of whether corporations could be held accountable for illegalities that constitute human rights violations inflicted upon the host state and its people. Arbitral case law suggests that the outcome of the case as to whether host states ought to be compensated for such violations varies based on how the illegal conduct is framed and the source of the liability-creating rules alleged to have been breached. This article discusses the arbitral treatment of corporate human rights violations by investment tribunals (Incomplete)..
Jabeur Fathally
Abstract
La littérature juridique musulmane classique foisonne d’interprétations légitimant l’esclavage mais, pour nous, ces interprétations ne sont que les fruits des considérations politiques, économiques et même théologiques de leurs époques. ...
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La littérature juridique musulmane classique foisonne d’interprétations légitimant l’esclavage mais, pour nous, ces interprétations ne sont que les fruits des considérations politiques, économiques et même théologiques de leurs époques. L’évolution des sociétés musulmane a, par conséquent, rendu – comme le souligne Wael B.Hallaq, obsolètes toutes ces interprétations y compris celles qui prétendent que l’esclavage n’a pas été interdit par le Coran pour des raisons économiques! Pour preuve, réalisant l’inhumanité de cette pratique, les musulmans ont procédé à l’interdiction de cette pratique depuis le début du XIXème siècle, c’est-à-dire avant son interdiction par la communauté internationale. Cette interdiction n’était possible que parce qu’elle a une assise dans le texte coranique et dans la tradition prophétique. D’ailleurs, pour la doctrine juridique musulmane contemporaine, à l’exception de celle véhiculée par les groupes terroristes, l’esclavage n’est qu’une pratique sociale controversée du passée qui n’a plus de pertinence et de légitimité dans le présent.
Abbas Poorhashemi
Abstract
This article aims to describe and analyze the challenges and opportunities for the development of international law. It attempts to provide some knowledge regarding global issues that requires an immediate collective response from the international community. Creating a better world for present and future ...
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This article aims to describe and analyze the challenges and opportunities for the development of international law. It attempts to provide some knowledge regarding global issues that requires an immediate collective response from the international community. Creating a better world for present and future generations require measures and anticipation of future crises (environmental challenges, global warming, human rights, health issues, discriminations, demographic growth, etc.). Significant transformations are taking place in the world, and that they will require a new approach to global governance. COVID-19 pandemic had and will have profound and lasting economic, political and social consequences in every corner of the globe. However, international law as a body of law that governs relations between states, international organizations and private persons exposes its vulnerabilities. Recent developments in the international community have made awareness of international law necessary and inevitable as the fully effective law of a fully functioning global society.
