UNCITRAL’s Role in Commercial Law Reform: History and Future Prospects

2019 ◽  
Author(s):  
Caroline Nicholas
Keyword(s):  
Law Reform ◽  
Future Prospects ◽  
Commercial Law

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 15 Mauritius: Mauritian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Cupido Robin
Keyword(s):  
International Law ◽  
Future Development ◽  
Civil Code ◽  
Law Reform ◽  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
The Past ◽  
The Status ◽  
The Hague

This chapter discusses Mauritian perspectives on the Hague Principles. The Code Civile Mauricien (Mauritian Civil Code) governs most private and commercial law matters and is thus one of the main sources of Mauritian law. Another main source is the Constitution of Mauritius 1968. It is important to note that there is no constitutional imperative for courts to consider international law when interpreting legislation, which could be a contributing factor to the lack of development of a cohesive private international law regime in Mauritius. The Law Reform Commission of Mauritius has thus been reviewing the status of private international law in Mauritius over the past five years and has issued several reports and studies on the matter. The chapter then investigates the extent to which Mauritian private international law already reflects the content of the Hague Principles and how this set of principles could influence the future development of the conflict of laws in Mauritius.

New Developments in Management Reporting – The Modernisation of the Annual Report

2005 ◽  
Vol 6 (5) ◽  
pp. 861-868 ◽  
Author(s):  
Regine Buchheim ◽  
Kati Beiersdorf
Keyword(s):  
Annual Report ◽  
Annual Reports ◽  
Future Prospects ◽  
Commercial Law ◽  
New Developments ◽  
Financial Position ◽  
Court Of Justice ◽  
European Court ◽  
Management Reporting ◽  
Management Report

In Germany, the management report that comments on the company's business and financial position as well as its future prospects has long ago been introduced to the Handelsgesetzbuch (HGB – German Commercial Law). Ever since the European Court of Justice [ECJ] has clarified that GmbH & Co. KGs are classified as companies with limited liabilities under the 4th and 7th Directive, annual reports have to be published by an even wider range of companies.

Canadian Perspectives on Chattel Security Law Reform in the United Kingdom

1995 ◽  
Vol 54 (2) ◽  
pp. 430-446
Author(s):  
Jacob S. Ziegel
Keyword(s):  
United Kingdom ◽  
Law Reform ◽  
Memorial Lecture ◽  
British Government ◽  
Queen Mary College ◽  
Commercial Law ◽  
England And Wales ◽  
The Road ◽  
The United Kingdom ◽  
Commercial Code

BRITISH commercial law scholars, of whom Prof. Roy Goode and Prof. Aubrey Diamond are two conspicuous examples, have long been attracted to the possibility of using Article 9 of the American Uniform Commercial Code as a basis for modernising and restructuring the English law of chattel security. As readers of Part V of the Crowther Report1 will know, this was the road to reform which the Crowther Committee recommended to the British government as long ago as 1971. In the course of his eighth Crowther Memorial Lecture, given at Queen Mary College in 1983,2 Prof. Goode expressed the hope that before the end of the decade England and Wales would enact the recommendations in the Crowther Report. We know now that he was too sanguine but our hopes were revived when Prof. Diamond submitted his lucid, and in the view of this writer and many others, highly persuasive recommendations to the Department of Trade and Industry in 1989.3

scholarly journals A shared commercial legal heritage - reflections on commercial law reform in former British Colonies and Dependencies

2008 ◽  
Vol 39 (4) ◽  
pp. 553
Author(s):  
Peter McKenzie
Keyword(s):  
English Language ◽  
Common Law ◽  
Customary Law ◽  
Law Reform ◽  
Commercial Law ◽  
Law System ◽  
French Colonial ◽  
The Impact ◽  
British Colonies ◽  
Special Case

This article reflects on Professor Tony Angelo's contributions to the laws of various British colonies, particularly Mauritius. The author illustrates different types of jurisdiction by reference to individual countries. First, the author discusses colonies with a received legal heritage – Mauritius, who has influences from its French colonial administration and English law, and Botswana who has hints of English commercial statutes. Secondly, the author discusses colonies with an underlying common law system – Uganda, Sierra Leone, and Samoa. None of these nations were settled colonies, but colonial administrators took with them a common law structure for contracts, and civil and commercial obligations, while retaining customary law and practices in relation to land. Finally, the Maldives is discussed as a "special case". The author then discusses his reflections on the colonial legal legacy, including the impact of the English language, the shared nature of the colonies' legal systems (including a common accounting and business framework), and the "colonial legal patchwork". The author hopes that the impetus given by Professor Angelo to law reform in Mauritius, as well as other nations, will continue.

US and EU Regulatory Competition and Authentication Standards in Electronic Commerce

2010 ◽  
pp. 35-53 ◽  
Author(s):  
Jane K. Winn
Keyword(s):  
Regulatory Competition ◽  
Law Reform ◽  
Internet Commerce ◽  
Commercial Law ◽  
Technical Standards ◽  
Online Commerce ◽  
The Us ◽  
Commerce Law ◽  
The Eu

This chapter examines the role of law reform in promoting the development of technical standards for the authentication of parties engaged in Internet commerce. Law reforms intended to improve the security of Internet commerce can only succeed if they address business, technical and legal issues simultaneously. The EU has used commercial law reform and formal standard development to coordinate work on authentication standards, while the US has allowed the market to determine what type of authentication technology is appropriate and has left the development of standards to private consortia. While the EU approach may solve collective action problems more effectively, the US approach may discover end user requirements and may allow business judgments about risk to inform the law more effectively. Neither approach has yet resolved the authentication problems facing businesses engaged in online commerce.

Law reform in the twenty-first century

Legal Studies ◽  
2006 ◽  
Vol 26 (3) ◽  
pp. 321-328 ◽  
Author(s):  
Roger Toulson
Keyword(s):  
Law School ◽  
First Century ◽  
Law Reform ◽  
Future Prospects ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
The University ◽  
Law Commission

In this paper, which is the text of a lecture given at the official launch of the Law School at the University of Bradford on 11 May 2006, the history of law reform in England is traced, the role of the Law Commission is analysed and future prospects are considered.

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