Showing papers in "International and Comparative Law Quarterly in 1970"

The European Company

Abstract: The European company (‘SE’) is a new legal entity offering a European perspective for businesses, which became a reality on 8 October 2004. Its purpose is to allow businesses that wish to extend their activities beyond their home Member State to operate througout the European Union on the basis of a single set of rules and a unified (one-tier or two-tier) management system. This book explains how to set up and organise a European company and sets out the text of the relevant EC instruments (a regulation and a directive) that serve as its legal basis as well as the national implementing legislation. The Regulation gives Member States 66 different options and contains 31 references to national law. It is therefore essential for businesses and their advisers to understand the implementing legislation of the relevant Member States in deciding where to establish an SE. This book provides comprehensive coverage of such legislation in all Member States of the European Economic Area which have, as at 1 July 2005, implemented the Regulation containing the SE Statutes and the Directive on employee involvement in the SE. A second volume, covering further Member States once they have brought the legislation into force, will follow. Divided into two sections, the book first offers a critical review of the usefulness of, and the opportunities presented by, this new vehicle, analyses the Regulation and the Directive, and gives an overview of the tax aspects of the SE. The second section contains chapters on the laws of each Member State, each conforming to a common format and contributed by a practitioner from that state.

Treaties and Legislation

Abstract: This article discusses some of the issues concerning the implementation of international treaties into domestic legislation. It does so by examining in detail the decision Corocraft Ltd v Pan American Airways Inc, a case which concerned the interpretation of the Warsaw Convention on Carriage by Air and the domestic legislation which implemented that Treaty. It considers in particular the purpose of the Warsaw Convention and the relevance of a treaty’s purpose to interpretation of its implementing legislation.

Singapore and State Succession: International Relations and Internal Law

Abstract: The Republic of Singapore came into existence as an independent sovereign nation on August 9, 1969, when it seceded from Malaysia. This article discusses the arrangements for succession to international rights and obligations and for continuity of internal laws consequent upon the relinquishment of the United Kingdom's sovereignty over Singapore, its incorporation into Malaysia as a constituent unit of that federation and its subsequent unexpected secession and independence, all occurring within a short period of two years. A brief account of the evolving constitutional position prior to independence may perhaps serve as a useful introduction.

Foreign Torts and English Courts: I. The Effect of Chaplin v. Boys

Abstract: THE House of Lords has now delivered judgment in the important case of Chaplin v. Boys.' It will be recalled that the appellant and respondent were both British servicemen temporarily posted to Malta. As a result of the former's negligence, the latter was quite seriously injured in a road accident in Malta. Both were off duty at the time of the accident. The Royal Air Force continued to pay the respondent his full pay as a serviceman until the date of his discharge as a result of the injuries he had suffered. The respondent, by virtue of his service training and expertise, obtained a better-paid post in civilian life than that which he had held in the services. In due course, he brought an action in England against the appellant. Maltese law differed from English law in that, while it gave the respondent a right of action to recover pecuniary loss, it did not give any right to compensation for pain and suffering. Were English law to apply, the damages would have been ?2,303; were Maltese law to apply, so that compensation for pain and suffering would be excluded, then only ?53 special damages would be recoverable.