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Showing papers in "International and Comparative Law Quarterly in 1989"


Journal ArticleDOI
TL;DR: In this paper, a cursory examination of these diverse instruments inevitably exposes their many variables in form, language, subject matter, participants, addressees, purposes, follow-up and monitoring procedures, highlighting the challenges presented to the structure and substance of the traditional international legal order by the increasing use of soft law forms.
Abstract: THERE is a wide diversity in the instruments of so-called soft law which makes the generic term a misleading simplification.' Even a cursory examination of these diverse instruments inevitably exposes their many variables in form, language, subject matter, participants, addressees, purposes, follow-up and monitoring procedures. These variables, coupled with the inherent contradictions in any concept of soft law, highlight the challenges presented to the structure and substance of the traditional international legal order by the increasing use of soft law forms.

337 citations






Journal ArticleDOI
TL;DR: In this paper, the peaceful settlement of disputes among African states, 1963-1983: Some conceptual issues and practical trends are discussed, and a discussion of the practical and conceptual aspects of these issues are discussed.
Abstract: (1989). The peaceful settlement of disputes among African states, 1963–1983: Some conceptual issues and practical trends. Commonwealth Law Bulletin: Vol. 15, No. 4, pp. 1505-1523.

26 citations











Journal ArticleDOI
TL;DR: In this article, the authors compared the provisions of the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) to those of the Uniform Law on the international sale of goods (ULIS) and the Uniform law on the Formation of Contracts of Sale (ULF) (Hague Conventions, 1964).
Abstract: THIS article compares the provisions of the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980--"the UN Sales Convention")' to those of the Uniform Law on the International Sale of Goods (ULIS) and the Uniform Law on the Formation of Contracts of Sale (ULF) (Hague Conventions, 1964).2 The ULIS and the ULF served as the underlying documents for the elaboration of the 1980 UN Sales Convention. Both the ULIS and the ULF did not fulfil the



Journal ArticleDOI
TL;DR: In the Arabian Peninsula, the majority of the inhabitants are in their great majority Sunni Muslims, who in the course of time came to follow one or other of the four main Sunni schools of law: the Hanafi, Shafi'i, Maliki and Hanbali.
Abstract: THE inhabitants of the Arabian Peninsula are in their great majority Sunni Muslims, who in the course of time came to follow one or other of the four main Sunni schools of law: the Hanafi, Shafi'i, Malikiand Hanbali.1 Generally speaking, one of these schools is endorsed by a given State either because of the large number of adherents of that school in that State or simply because the head of the State belongs to it by tradition. There are exceptions to the Sunni supremacy. Dominant nonSunni Islamic sects are found in Oman where the Ibadi teaching2 is prevalent and in North Yemen where the Zaidi3 teaching is favoured. In addition, vast Shi'i communities live in Lebanon, Iraq, Bahrain and Kuwait. On the other hand, Syria and South Yemen each experiments with its own brand of secularism, which has not yet asserted itself openly in the former and fully in the latter. For all Muslims of whatever persuasion, the Shari'a is the body of commandments, religious, legal and social, given by Allah (God) through the Prophet Muhammad. Quran and Sunna (the Prophet's deeds, utterances and unspoken approvals) are the two foremost and unchallenged sources of the divine law, although there are differences, even among Sunnis, with regard to the interpretation of certain verses of the Quran, and although Shi'is have recorded their own account of the Traditions of the Prophet. Nevertheless all Muslims formally accept that




Journal ArticleDOI
TL;DR: In this paper, the authors discuss the sterilisation of the mentally disabled in English and Canadian law, and discuss the role of mental health professionals in the process of such a procedure.
Abstract: This article discusses the sterilisation of the mentally disabled in English and Canadian law.