Against False Settlement: Designing Efficient Consumer Rights Enforcement Systems in EuropeThis article is a reprint with minor revisions of H Eidenmüller and M Engel, ‘Against False Settlement: Designing Efficient Consumer Rights Enforcement Systems in Europe’ (2014) 29 Ohio State Journal on Dispute Resolution 269. The authors thank the participants of the EUI Conference on ‘The Transformation of Enforcement’ in Florence (27–28 June 2013), the participants of the University of Frankfurt Conference on ‘Alternatives to Formalization–Formalization of Alternatives?’ in Frankfurt (20–21 July 2013) as well as the participants of the University of Amsterdam Conference on ‘Private Law and the Basic Structure of Society’ in Amsterdam (31 January 2014) for their feedback and discussions.

Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Eltjo Schrage

The first contribution published in this edition is an abridged version of the inaugural lecture delivered by Professor Eltjo JH Schrage on 24 August 2009 in Port Elizabeth. The Faculty of Law is honoured that such an internationally esteemed jurist accepted the appointment as first Honorary Professor of the Faculty of Law in 2009. Prof Eltjo JH Schrage was born in Groningen. He studied law at the University of Groningen, where he obtained his doctorandus, a degree which is analogous to our master’s degree. In 1975 he defended his doctoral thesis entitled Libertas est facultas naturalis. Menselijke vrijheid in een tekst van de Romeinse jurist Florentinus (Human liberty in a text of the Roman jurist Florentinus). His academic career commenced in 1969 at the Free University, Amsterdam. In 1980 he was appointed as professor at the Free University in Roman Law and Legal History. In 1998 he became the director of the Paul Scholten Institute at the University of Amsterdam. Some of his other academic appointments include the following:• Chairperson: International Study Group on the Comparative Legal History of the Law of Restitution;• Chairperson: International Study Group on the Comparative Legal History of the Law of Torts;• Visiting Professor: University of Cape Town;• Visiting Fellow: Magdalen College, Oxford University as well as visiting professor at Oxford;• Visiting Professor: University of the North (now Limpopo) in Polokwane; and• Visiting Fellow: Trinity College, Cambridge University as well as visiting professor, Cambridge. Prof Schrage has published extensively in International journals in Dutch, English, German French, and Italian. He has edited, written and contributed to more than 30 books, and written more than 100 articles. He has been the supervisor of numerous doctoral students, including Prof Marita Carnelley of the University of KwaZulu-Natal and erstwhile member of the Faculty of Law, Nelson Mandela Metropolitan University and Prof André Mukheibir, Head of Department, Private Law of the Nelson Mandela Metropolitan University. He was also the promoter of the honorary doctorate awarded by the University of Amsterdam to the former chief justice of South Africa, Arthur Chaskalson in 2002. Prof Schrage has also acted as judge in the Amsterdam court since 1981. Prof Schrage is married to Anneke Buitenbos-Schrage and the couple have four children and one grandchild.


2018 ◽  
Vol 3 (3) ◽  
pp. 1
Author(s):  
Hafiz Bin Salih

The purpose of the research paper was to trace the origin of chieftaincy among the Waala of the Upper West Region of Ghana as well as discuss the emergence of the Wa chieftaincy conflict. The Waala monarchy and the Wa Naa are the custodians of Waala customs and culture which provide transparent processes for the choice of a new Wa Naa and other leaders and for any conflicts arising thereof. Chieftaincy disputes tend to be overlooked by the authorities expected to resolve them; probably because they perceive such conflicts as tractable and not complex. There are provisions within Waala society and in the Kingdom for indigenous means of dispute resolution that have been relegated to the background. The origin of chieftaincy among the Waala has been traced while the perceived causes of the Wa chieftaincy conflict has been discussed. This research paper is part of my PhD thesis that was submitted to the university but has not been published.


2021 ◽  
Vol 10 (6) ◽  
pp. 42-65
Author(s):  
M.O. DIAKONOVA

The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.


KronoScope ◽  
2008 ◽  
Vol 8 (1) ◽  
pp. 45-54
Author(s):  
◽  

AbstractThis paper presents information concerning a specific undergraduate honors course on the interdisciplinary topic of time. True to the cross-cutting nature of time, the course was both led by and primarily taught by two professors from the distinctly different disciplines of information systems and psychology, respectively. It was offered as a special topic honors course in the Burnett Honors College at the University of Central Florida whose rubric ensured that enrollment was limited to a maximum of twenty undergraduate, honors students only. Additionally, selected auditors were allowed to attend specific, special events. The ceiling on enrollment proved critical since it allowed for a broad, discussion-based exploration of time, led on a number of occasions by specialist guest lecturers drawn from the arts, the sciences, and other speakers from well beyond the traditional confines of academe. There was a high demand for, and an excellent reception of, the course as offered. Due to the external constraints of the two professors involved, it proved to be a unique offering. However, the following description is provided for use by other teachers and professors who might wish to peruse and adopt the basic structure and/or some of the content that was collected and created.


2013 ◽  
Vol 4 (2) ◽  
pp. 260-263
Author(s):  
Kristel De Smedt

Private law in Europe has undergone a significant transformation during the last two decades. From a branch of law that was scarcely affected by EU legislation, it has become the object of considerable harmonisation measures to facilitate free trade and protect European citizens. Simultaneously, there has been an increased attention for ‘better regulation’ in the EU. The efforts of the European Commission to improve regulatory quality and to reduce administrative burdens for industry have promoted a regulatory environment in which formal intervention is more limited and self–regulation and co–regulation have emerged as alternatives. The University of Maastricht organized a workshop on ‘Smart Regulation of European Private Law’ in January 2013 with the aim to assess how the Smart Regulation agenda has shaped/can shape European private law; investigate the contribution of different methodological approaches to achieve ‘smart regulation’; and explore opportunities and threats for European private law, in particular in respect with developments in self–regulation and co–regulation. This report shortly summarises the discussions.


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