The Future of the Law 2011

The Hague Institute for the Internationalisation of Law (HiiL), an international research institute that studies the effects of the globalisation to legal systems, will organize the 4th edition of the conference “Law of the Future” on 22-23 June 2011, in Hague (Netherland). The speakers will try to offer an answer of how law will evolve on the next 20 years or more.
The conference will try to point that for legal field as for any other area, is mandatory to have a vision of the future, in order to be ready and prepared to any changes which may occur at the moment in time. Is mandatory to clarify some aspects of the law, which may be changed because of the globalization and prepare possible solutions for those particular changes.
Legal counsels are invited to participate and take action as active speakers to the conference, bringing them ideas, solutions and visions about the future of the law. Obviously, many facts will interfere (new economic policies, the growing of the EU community involving also migration, new technologies etc.) and is pretty difficult to predict where law will be after 20 years, but a general line of the events, might be “traced” still now.
 Source: www.lawofthefuture.org

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Communication about Migration in European Union

On May 5th 2011, at Brussels, the Commission of the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions made a communication regarding migration aspects inside the EU.
As EU room-press informed, discussions referred and pointed to many items as:

• Border controls;
• Schengen governance;
• Preventing irregular immigration;
• Moving and living in an area without internal borders;
• Building an inclusive society by integrating immigrants;
• Providing international protection to persons in need;
• The Global approach to migration.

The purpose of this Communication is to set recent and future policy proposals in a framework that takes account of all relevant aspects and allows the EU and its Member States to manage asylum, migration and mobility of third-country nationals in a secure environment.

We have to understand that some Member States, such as Italy, Malta, Greece and Cyprus are more directly exposed to massive arrivals of irregular migrants and, to a limited extent, of persons in need of international protection. This is not a national problem alone, but needs also to be addressed at the EU level and requires true solidarity amongst Member States.

The need to address this challenging and evolving situation should not lead to a short-term approach limited to border control without taking account of long-term issues. Dialogue and cooperation with countries of origin and of transit of these migrants is essential.

A comprehensive migration policy for non_EU-nationals based on common admission procedures, which treats third-country nationals fairly, will moreover contribute to the EU's future prosperity. To remain competitive and allow it to maintain its social model in a sustainable way, Europe needs to adopt measures to improve the employment rates of EU residents, but must at the same time take concrete steps to meet its projected labour needs via targeted immigration of third country nationals.

NB. Migration issues are having an increasingly significant political impact in the EU. Please note that in October 2008 European Council adopted a European Pact on Immigration and Asylum to give an impulse to the development of an EU common policy with five commitments: organizing legal migration, fighting against irregular migration, strengthening the external borders, building an EU asylum system and creating a global partnership for migration and development.

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EU Directive on cross-border healthcare

On February 28th 2011 at Brussels, the EU Council approved the European Parliament’s amendments on a draft directive regarding to assuring a high quality cross-border healthcare and a better cooperation between member states, being clarity pointed the rights of patients looking to healthcare in other member state.
As EU Pressroom informs, few of the most relevant aspects of the directive contains the following:

• As a general rule, patients will be allowed to receive healthcare in another member state and be reimbursed up to the level of costs that would have been assumed by the member state of affiliation, if this healthcare had been provided on its territory;
• Instead of reimbursing the patient, member states of affiliation may also decide to pay the healthcare provider directly;
• The recognition of prescriptions issued in another member state has been improved; as a general rule, if a product is authorised to be marketed on its territory, a member state must ensure that prescriptions issued for such a product in another member state can be dispensed in its territory in compliance with its national legislation;
• Cooperation between member states in the field of healthcare has been strengthened, for example, in the field of e-health and through the development of a European network which will bring together, on a voluntary basis, the national authorities responsible for e-health; another example is rare diseases, where the Commission will have to support member states in cooperating in the field of diagnosis and treatment capacity;
• Member states will have to establish national contact points that must provide patients with information about their rights and entitlements and practical aspects of receiving cross border healthcare, e.g. information about healthcare providers, quality and safety, accessibility of hospitals for persons with disabilities, to enable patients to make an informed choice.

Notice: The member states will have 30 months to transpose the directive into national legislation. The Austrian, Polish, Portuguese and Romanian delegations voted against and the Slovak delegation abstained.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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Book: EU Competition Law Handbook 2011

Professor Marc van der Woude and Christopher Jones published at Sweet and Maxwell (in December 2010) a new edition of EU Competition Law Handbook 2011, a leading guide and an invaluable resource for the competition law.

As the publisher, Sweet and Maxwell, informed the book contains documents from 1951 to present day as well as fully integrated and cross-referenced European Union and Member State competition law materials:

• Full coverage of Antitrust, State Aid and Liberalisation sectors
• Proceedings and case law from the European Courts
• International Agreements plus national competition regulations and commentary
• Merger documents from notification to decision
• Annual reports on competition policy etc.

The EU Competition Law Handbook is updated annually, this being the 21st edition, incorporating decisions and developments up to June 2010. Also it includes the e-Competitions references for national decisions to enable users to locate English case digests.

NB. e-Competitions Bulletin, published by the Institute of Competition Law is the first data base on national competition case laws, containing more than 3000 case summaries from 750 experts in 30 countries in Europe. The Bulletin published in English every week.

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Book: Ellinger's Modern Banking Law 5th edition

Few years ago, Oxford University Press started to offer to the public an interesting and useful book containing sets of banking law. The three book authors E. P. Ellinger, Eva Lomnicka and Richard Hooley made an analysis of the relationship between the banker and its clients, pointing the duties and the liabilities of banks, and the latest processes used in the clearance of cheques, plastic money and electronic money transfers.

Oxford University Press announces that this year, a new edition of the book (the fifth) will be on the market in May 2011 (estimated date). The main chapters will refer to:

• Chapter 1: Banks and banking business
• Chapter 2: The bank as monetary agency in domestic transactions
• Chapter 3: The bank as financier and lender in domestic transactions

As the publisher informes, the authors E.P. Ellinger (Professor of Law at the National University of Singapore, Singapore), E. Lomnicka, (Professor of Law at King's College, London, UK), and C. Hare (Senior Lecturer in Law at University of Auckland, New Zealand) recommend the book to undergraduate LLB students on a banking module and LLM students on banking law courses. A secondary market may be found amongst banking and corporate finance students taking a module in law.

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UNCITRAL - updated arbitration rules (2010)

The United Nations General Assembly (UNGA) is one of the five organs of United Nation, having the characteristic that it is the single organs where all member nations have equal representation.

On 17 December 1966 by the Resolution 2205 (XXI), The UNGA has established the United Nations Commission on International Trade Law (UNCITRAL), having the goal to create international rules for a unification of the international trade law.

In 2010, the UNCITRAL arbitration rules have been revised on the following sections:

• Section I: Introductory Rules – Contains: Scope of application, Notice and calculation of periods of time, Notice of arbitration, Response to the notice of arbitration, Representation and assistance, Designating and appointing authorities.
• Section II: Composition of the Arbitral tribunal – Contains: Number of arbitrators, Appointment of arbitrators, Disclosures by and challenge of arbitrators, Replacement of an arbitrator, Repetition of hearings in the event of the replacement of an arbitrator, Exclusion of liability.
• Section III: Arbitral proceedings – Contains: General provisions, Place of arbitration, Language, Statement of claim, Statement of defence, Amendments to the claim or defence, Pleas as to the jurisdiction of the arbitral tribunal, Further written statements, Periods of time, Interim measures, Evidence etc.
• Section IV: The award – Contains: Decisions, Form and effect of the award, Applicable law, Settlement or other grounds for termination, Interpretation of the award, Correction of the award, Additional award etc.

The UNCITRAL updated arbitration rules were adopted on June 25th 2010 and came into force on August 15th 2010. If you are interested to read the revised 2010 rules, you may find them here.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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Book: Incoterms® 2010 by International Chamber of Commerce

The International Chamber of Commerce has announced yesterday, on September 16th in Paris, about the launching of the new book Incoterms ® 2010 which contains the new internationally-recognized trade terms and rules entering in force at January 1st 2011.

Rajat Gupta, the ICC Chairman said “Before ICC developed the Incoterms® rules, the different terms were often subject to varying interpretations in different countries, often giving rise to disputes and litigation”.
“Today the Incoterms® rules for the usage of terms such as Ex Works (EXW), Free on Board (FOB), Cost and Freight (CFR) and Cost, Insurance and Freight (CIF) are part of the recognized canon defining the responsibilities of buyers and sellers in transactions for the sale of goods worldwide.”

As ICC informs, the number of rules has been reduced from 13 to 11 and two new rules have been created: Delivered at Terminal (DAT) and Delivered at Place (DAP).
The Incoterms rules are accepted over the world by all the authorities, representing the definition of the terms used in international trade.

For more details or if you wish to purchase Incoterms® 2010, may visit directly the official website: www.incoterms.com

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