Two Interesting Recent Articles related to Private International Law

Williams C Iheme, “The Overdependence of African Courts and Companies on English Regulation and Discussion board: The Adverse Repercussions on the Improvement of African Authorized and Financial Programs”  (2024) 15 Pravni Zapisi, pp. 151-190

The uncritical transplantation of English regulation by Anglophone-African legislators and judges, and their failure to sufficiently adapt English authorized ideas to swimsuit the idiosyncratic socioeconomic circumstances in Africa, arguably contribute to the perpetuation of English regulation’s hegemony therein. It’s argued that the overdependence on English regulation and courts by African companies in resolving contractual disputes will not be essentially as a consequence of any alleged stellar qualities of the previous, however largely as a result of over-marketing of the English authorized system’s competence by its apologists. The evaluation makes use of piquant examples to elicit some hostile results of utilizing/overreliance on the English regulation and discussion board by African companies in resolving contractual disputes.

To reposition from the lengthened shadow of English regulation, Anglophone African legislators, judges and authorized students, should craft autochthonous authorized processes that swimsuit Africa’s tastes and socioeconomic milieu.

Georgia Antonopoulou, “Discussion board Advertising in Worldwide Industrial Courts?” (2024) Oxford Journal of Authorized Research

Discussion board promoting is a authorized time period used to explain the practices of courts and judges, geared in direction of attracting instances, similar to rising the predictability of judgments or dashing up trials. Nonetheless, do courts additionally transcend discussion board promoting to draw instances? Taking worldwide business courts as its focus, this text explores how these courts market themselves to draw instances and cash the time period ‘discussion board advertising and marketing’. It demonstrates that the courts’ latest institution, coupled with their voluntary jurisdiction, creates a compelling context, which inspires them to have interaction in discussion board advertising and marketing. The article argues that discussion board advertising and marketing will not be merely a byproduct of the competitors in business dispute decision, however a robust mechanism with deeply persuasive, normative and, successfully, structuring properties. Discussion board advertising and marketing is central to disseminating and reinforcing a pro-business strategy in civil justice, consequently setting the stage for procedural inequality and a one per cent process.