Showing papers in "International and Comparative Law Quarterly in 2010"
TL;DR: In this article, the authors examined the role of women and gender in the drafting of UN Security Council Resolution 1325 and found that women played an important role in the development of the resolution.
Abstract: On the 31 October 2000 UNSC Resolution 1325 was adopted. The resolution provided for a range of measures aimed at the inclusion of women in the prevention, management and resolution of conflict. In particular, several of the resolution's provisions addressed the role of women and gender in peace negotiations and agreements. This article examines whether and how Resolution 1325 has impacted on the drafting of peace agreements. We analyse explicit references to women and gender in peace agreements from 1990 to 2010, providing a quantitative and qualitative assessment of the extent to which women and gender are addressed. We conclude by using our findings and analysis to address the relationship of feminist intervention to international law, and debates around the strategies and trade-offs which underlie feminist promotion and use of UN Security Council Resolutions in particular.
132 citations
TL;DR: In this article, the impact of international law on the ability of States to mitigate the effects of financial crises is examined, focusing on the invocation of investment treaty disciplines in the aftermath of the 2001-2002 Argentine financial crisis, and the adjudication of Argentina's defence of a state of necessity under both subject treaties and at customary international law.
Abstract: This article examines the impact of international law on the ability of States to mitigate the effects of financial crises. It focuses on the invocation of investment treaty disciplines in the aftermath of the 2001–2002 Argentine financial crisis, and the adjudication of Argentina's defence of a state of necessity under both subject treaties and at customary international law. The article uncovers three interpretative methods in the jurisprudence on the relationship between the treaty exception and customary plea of necessity: methodologies I (confluence), II (lex specialis) and III (primary-secondary applications). Method I is the dominant approach in the jurisprudence and the most restrictive of the three readings. The article argues that method I is mistaken both on a careful interpretation of the two legal standards and on a broader historical analysis of the emergence of investment treaty norms. Given these substantive flaws, the article isolates the motivations to account for the popularity of this method through a close reading of the awards. These reveal continuing tensions in the field, not least the problematic suggestion that a single value of protection should exclusively inform our understanding of the purpose of investment treaties. These sociological features of investor–State arbitration should, it is suggested, inform our choice on other interpretative methods. This comes down to an election between methods II (lex specialis) and III (primary–secondary applications). Method III is the most convincing and coherent reading of the relationship between the two legal standards. The article concludes by offering a framework to address the key interpretative questions implicated in that method: (a) the identification and scope of the notion of ‘public order’ and a State's ‘essential security interests’; and (b) the appropriate test of ‘necessity’ or means–end scrutiny.
72 citations
TL;DR: In this paper, the authors outline the general legal framework surrounding Somali piracy before addressing to specific human rights issues and potential ways forward, and discuss the potential ways to improve the human rights of captured piracy suspects.
Abstract: In the remarkably short period from April 2007 to mid-2009 a flurry of hard and soft-law-making activity has constructed an increasingly comprehensive and decentralized legal framework addressing piracy off Somalia. Warships operate under a variety of national and international mandates, and there is no single unified command covering all counter-piracy missions. Bilateral transfer agreements sit alongside a regional code of conduct, and both sit within the framework of the law of the sea and Security Council Resolutions. One-size-fits-all solutions have been eschewed for a pragmatic range of national and international mechanisms. Nonetheless, captured piracy suspects raise significant questions about their arrest, detention and transfer to a State willing to try them, especially for State parties to the European Convention on Human Rights. This article first outlines the general legal framework surrounding Somali piracy before addressing to specific human rights issues and potential ways forward.
61 citations
TL;DR: The Third Additional Protocol III as discussed by the authors will come into force for the United Kingdom on 23 April 2010, being six months after the deposit of the instrument of ratification, which is normal UK practice: by bringing the relevant domestic law into effect before the treaty is in force internationally, the UK is assured of meeting its international obligations.
Abstract: The Act will come into force on such day as the Secretary of State may by order appoint. An Order was made on 14 October 2009, stating that section 1 of the Act ‘shall come into force on 5 April 2010.’ The Third Additional Protocol will come into force for the United Kingdom on 23 April 2010, being six months after deposit of the instrument of ratification. This slight discrepancy in dates is normal UK practice: by bringing the relevant domestic law into effect before the treaty is in force internationally, the UK is assured of meeting its international obligations. No order has yet been made to bring into force section 2 of the Act which amends the United Nations Personnel Act 1997. Like the texts of the 1949 Geneva Conventions and their 1977 Additional Protocols, the text of Additional Protocol III is inserted as a Schedule to the Geneva Conventions Act 1957. Also like earlier Geneva Conventions Acts, the provisions of section 1 on the emblem and the Schedule of the 2009 Act may be extended to the Channel Islands, Isle of Man and British Overseas Territories. The provisions of the Act extend to the whole of the UK. As far as Scotland is concerned, the Act relates only to reserved matters.
47 citations
TL;DR: The last two years have witnessed a flurry of diplomatic activity on climate change as discussed by the authors, including 16 weeks of scheduled inter-governmental negotiations under the auspices of the UN Framework Convention on Climate Change (FCCC).
Abstract: The last two years have witnessed a flurry of diplomatic activity on climate change. In addition to the 16 weeks of scheduled inter-governmental negotiations under the auspices of the UN Framework Convention on Climate Change (FCCC), meetings, many at a Ministerial level, were convened by the G-8, the Major Economies Forum, the UN Secretary General, and Denmark, the host of the 15th Conference of Parties (COP-15) to the FCCC. Notwithstanding regular and intense engagement at the highest-level many fundamental disagreements remained in the lead up to COP-15, including on the future (or lack thereof) of the Kyoto Protocol, the legal form and architecture of the future legal regime, and the nature and extent of differential treatment between developed and developing countries.
47 citations
TL;DR: In this article, the authors provide an overview of the European Court of Justice's past and present contribution to the area of freedom, security and justice, both procedurally and substantively, to the Area of Freedom, Security and Justice.
Abstract: The aim of this article is to provide an overview of the European Court of Justice's (‘ECJ’) past and present contribution— both procedurally and substantively—to the Area of Freedom, Security and Justice. While it is too early to speculate what the ECJ's contribution to this area will be under the provisions of the Treaty of Lisbon, which entered into force on 1 December 2009, the latter's modifications to the ECJ's jurisdiction merit close attention. After describing how the procedural limitations that were imposed on the ECJ's jurisdiction by ex Title IV of Part Three of the EC Treaty and by ex Title VI of the old EU Treaty have been almost entirely eliminated by the Treaty of Lisbon, this article posits that not only does the latter Treaty improve significantly the judicial protection of private individuals, but it also facilitates the dialogue between the Union and the national judiciaries in the Area of Freedom, Security and Justice. Next, the article briefly explores the special ECJ procedures which may be followed in the Area of Freedom, Security and Justice in cases where time is of the essence. There, it is argued that, when having recourse to these procedures, the ECJ strives to strike the right balance between, on the one hand, swift judging and, on the other hand, the preservation of a qualitative and fair judicial procedure. As to substantive issues, drawing on examples from the fields of judicial cooperation in civil matters, asylum and judicial cooperation in criminal matters, it is argued that the ECJ's contribution to this area is largely grounded in the protection of fundamental rights. Finally, a brief conclusion supports the contention that the ECJ's contribution to the Area of Freedom, Security and Justice has favoured a ‘mutual borrowing’ of concepts and principles as between this area and other fields in relation to which the EU has competences, such as the internal market and competition. The Treaty of Lisbon having entered into force, an unprecedented level of coordination between different areas of EU law on both the procedural and substantive levels is to take place. Respect for fundamental rights will definitely be a unifying factor binding them all together.
33 citations
TL;DR: The European Court of Human Rights has stated that the right would be ‘largely illusory and ineffective' if it did not guarantee full compensation in all but exceptional circumstances as discussed by the authors.
Abstract: In most of Europe, expropriation must comply with the standards set under European human rights law. Article 1 of the First Protocol (‘P1-1’) to the European Convention on Human Rights declares that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions.’ The European Court of Human Rights has stated that the right would be ‘largely illusory and ineffective’ if it did not guarantee full compensation in all but exceptional circumstances.1 It is quite clear, however, that this was not the belief of at least some of the States that had signed it when it came into force in 1954. P1-1 makes no reference to compensation. An interference must be lawful, and in the public or general interest, but there is nothing that expressly requires compensation. Nevertheless, the Court has declared that any interference with the right to the peaceful enjoyment of possessions must strike a ‘‘fair balance’ between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights’,2 and this means that expropriation without compensation that is reasonably related to the value of the property would normally violate the owner's rights under P1-1.3
26 citations
TL;DR: In this article, the evolving jurisprudence on necessity as developed by the WTO adjudicatory bodies reflects the same balance between trade liberalization and regulatory autonomy as that contained in the WTO treaty texts, particularly with regard to the GATT.
Abstract: This paper examines whether the evolving jurisprudence on necessity as developed by the WTO adjudicatory bodies reflects the same balance between trade liberalization and regulatory autonomy as that contained in the WTO treaty texts, particularly with regard to the GATT. It is argued that a divergence can be observed which raises questions of competence, legitimacy and transparency. Specific amendments to the prevailing test are also proposed in order to achieve what the author suggests is a textually consistent, and thus legitimate, necessity test of equal efficacy.
24 citations
TL;DR: In this article, the authors provide a critical appraisal of CRAs as a mechanism of global governance in the light of their role in the subprime mortgage debacle and evaluate the case for stricter regulation of rating agencies.
Abstract: The global financial crisis has served to highlight serious weaknesses in global governance, revealing fault lines in the international financial architecture and its accompanying regulatory apparatus. Most glaringly, the spotlight has fallen on Credit Rating Agencies (CRAs)—key governance agencies in the pre-crisis domestic and international regulatory structures, and ones directly linked to the subprime mortgage debacle. The aim of this article is to provide a critical appraisal of CRAs as a mechanism of global governance in the light of their role in the subprime mortgage debacle and to evaluate the case for stricter regulation of CRAs. In this respect, special emphasis is placed on the recent EU attempt—by way of a new Regulation on Credit Rating Agencies—to bring rating agencies within the regulatory fold. It is argued that while the EU Regulation has serious implications for the operation of CRAs within the Community, the reform measure is potentially illustrative of a growing dissonance between EU and US responses to global governance issues more generally.‘[Securitisation led to the belief among many that] poor quality assets … assembled as a portfolio … could somehow by alchemy be converted into something stronger than they were’.1‘The crap had become cake.’2‘In January 2008, there were 12 triple A-rated companies in the world. At the same time, there were 64,000 structured finance instruments, like CDO tranches, rated triple A.’3
24 citations
TL;DR: In this article, the authors argue that investment treaty arbitration tribunals should make effective use of amicus curiae submissions in order to include neglected perspectives of the issues raised in arbitration, which may bridge this public/private gap.
Abstract: While the public nature of investment treaty arbitration has been increasingly recognized, its procedures are modelled on those of international commercial arbitration. This creates a gap between (public) substance and (private) procedure in investment treaty arbitration. Against this background, this article examines the increasing acceptance of amicus curiae submissions in investment treaty arbitration. It argues that investment treaty arbitration tribunals should make effective use of amicus curiae submissions in order to include neglected perspectives of the issues raised in arbitration, which may bridge this public/private gap.
23 citations
TL;DR: In this paper, the concept of persistent objector in general international law is examined, including international investment law, international humanitarian law, and human rights law, in the context of a rule of customary international law.
Abstract: A rule of customary international law is binding upon all States. One controversial question is whether a State should be permitted not to be bound by such a rule in the event that it objected to it in the early stage of its formation and did so constantly thereafter. This is the theory of the ‘persistent objector’. Articles recently published about the theory focus on its specific application in different areas of international law, including international investment law,1 international humanitarian law2 and human rights law.3 The present article intends to examine the concept of persistent objector in general international law.4
TL;DR: In this paper, the authors provide a short review of the fundamental arguments for the existence of soft law and distinguish between two lines of arguments, namely functional arguments and proximity arguments, and find that these arguments fail to lay a coherent and persuasive foundation for international soft law.
Abstract: International soft law as a legal metaphor has become part of legal discourse. The author argues not only that the term itself is misleading and contradictory, but that the terminological problem indicates deeper doctrinal difficulties which soft law theories should overcome. Identifying two main streams of these theories, the article provides a short review of the fundamental arguments for the existence of soft law. It distinguishes between two lines of arguments, ie functional arguments and proximity arguments, evaluates their coherence and explanatory power, and finds that these arguments fail to lay a coherent and persuasive foundation for international soft law. The author concludes by pointing out that non-legal norms may have essential regulatory functions in international relations but the law and non-law distinction should be maintained, and separating soft law as a distinct category is unwarranted.
TL;DR: In 2010, the European Court of Human Rights (ECtHR) delivered its judgment in the Medvedyev v France case, which involved the interdiction and the exercise of enforcement jurisdiction over a drug smuggling vessel on the high seas as discussed by the authors.
Abstract: On 29 March 2010, the European Court of Human Rights (ECtHR), sitting as a Grand Chamber, delivered its Judgment in the Medvedyev v France case, which involved the interdiction and the exercise of enforcement jurisdiction over a drug smuggling vessel on the high seas. The case was referred by both the applicants and the Respondent State to the Grand Chamber, following the Judgment of a Chamber of the Fifth Section of the Court, on 10 July 2008. The Grand Chamber accepted this referral and the public hearing took place on 6 May 2009. This decision is of considerable importance as one of the very few decisions of the Strasbourg Court which has touched upon issues pertaining to the law of the sea, let alone to interdiction of vessels on the high seas, and the only case to have found a violation of the Convention on the part of the interdicting State, namely France.
TL;DR: In this paper, the authors consider the problem of forum shopping in transnational libel cases from the point of view of English and EU law and conclude that if proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined.
Abstract: This article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.
TL;DR: In this article, the authors examine the problem of divergent interpretation of harmonized documents and show strong similarities to the transplant effect discussed in the literature on legal transplants, and consider its importance for the eventual success or failure of harmonization projects.
Abstract: This article examines the problem of divergent judicial interpretation of harmonized documents. Drawing on the experience of harmonization of the law of arbitration, it points out that divergent interpretation runs much deeper than is commonly assumed, and shows strong similarities to the ‘transplant effect’ discussed in the literature on legal transplants. The article examines why the transplant effect shows up in harmonization, and considers its importance for the eventual success or failure of harmonization projects.
TL;DR: In this case, perhaps there is no little irony that the only violation found related to the issue on which there was abundantly clear consent by France to the jurisdiction of the Court, the failure to give reasons for refusal to execute the Djiboutian letter rogatory, and for that the declaration of violation was considered sufficient recompense as discussed by the authors.
Abstract: a rather narrow one, when compared, for example, to cases such as the Armed Activities case, and politically less contentious than the Wall Opinion. However, there is much food for thought in the decision, for example on the relationship of principles of determining jurisdiction in forum prorogatum cases when compared to other forms of jurisdiction, what is an assertion of jurisdiction, the relationship between law and comity for the treatment of dignitaries, and the relationship between general and particular treaties. All of which had an admixture of post-coloniality. In this case, perhaps there is no little irony that the only violation found related to the issue on which there was abundantly clear consent by France to the jurisdiction of the Court, the failure to give reasons for refusal to execute the Djiboutian letter rogatory, and for that the declaration of violation was considered sufficient recompense.
TL;DR: In this article, the application of the principle of justiciability has been examined in the context of claims in the UK courts related to foreign affairs or public international law and it is submitted that the modern judicial trend is to find that issues are justiciable and focus instead on the degree and intensity of the review exercised.
Abstract: This article examines the application of the principle of justiciability principally where it has been invoked in the context of claims in the UK courts related to foreign affairs or public international law. It is submitted that the modern judicial trend is to find that issues are justiciable and focus instead on the degree and intensity of the review exercised. The trend is directed and supported by the growing importance of human rights and the rule of law.
TL;DR: In this article, criminal liability for negligently causing death or injury in English law is examined, and it is shown to be both complex and confused, while French law on the subject appears both simpler and more rational, but has run into difficulties in practice.
Abstract: This article first examines criminal liability for negligently causing death or injury in English law, which it shows to be both complex and confused. It then examines French law on the subject, which at first sight appears both simpler and more rational, but has run into a number of difficulties in practice. A third and final section considers whether the French experience provides any useful lessons for the possible reform of English law.
TL;DR: In this article, the avoidance of contracts for non-performance under the United Nations Convention on the International Sale of Goods 1980 has been discussed, which has been adopted by more than 70 States, though not yet by the United Kingdom.
Abstract: This article deals with the avoidance of contracts for non-performance under the United Nations Convention on the International Sale of Goods 1980, which has been adopted by more than 70 States, though not yet by the United Kingdom. It critically analyzes the text of the Convention, and measures the contributions of national courts for fidelity to the text of the Convention and compatibility with the purposes served by that text.
TL;DR: In this article, the authors analyse the development of EU family law policy over the last decade, with particular focus on the common law perspective, and argue that the Brussels II Regulation and the ensuing family law measures have had a significant negative impact in English and Irish law, clashing with internal legal policy.
Abstract: Council Regulation 1347/2000 (the ‘Brussels II Regulation’) marked the beginning of the ‘Europeanization’ of family law. This article analyses the development of EU family law policy over the last decade, with particular focus on the common law perspective. It is argued that the Brussels II Regulation and the ensuing EU family law measures have had (and will have) a significant negative impact in English and Irish law, clashing with internal legal policy and sitting uneasily alongside existing legal structures.
TL;DR: In this paper, the authors argue that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19th century, can explain why couples should be allowed to make their own decisions with respect to the financial consequences of the breakdown of their relationship.
Abstract: After the Court of Appeal decision in Radmacher v Granatino, the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the article argues in favour of introducing such agreements. Adopting a comparative approach, the article explains how such agreements are used in Germany and demonstrates that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19th century, can explain why couples should be allowed to make their own decisions with respect to the financial consequences of the breakdown of their relationship. Analysis of the different notions of contract in German and English law as well as comparing marriage with partnerships and other long-term contractual relationships illustrates not only the historical reasons why such agreements have not been allowed so far, but also helps to understand what safeguards the legislator and the judiciary could apply to ensure that parties do not abuse their freedom.
TL;DR: In this paper, it is argued that the EFTA Court has been able to convince an initially sceptical ECJ that the goal of extending the internal market to include EFTA States is actually achievable.
Abstract: For over 15 years, the reports of the EEA Agreement's imminent demise have proven to be greatly exaggerated. In this article it is argued that a great deal of the credit for this accomplishment is due to the EFTA Court. Through a distinctly dynamic approach to the Agreement, the EFTA Court has been able to convince an initially sceptical ECJ that the goal of extending the internal market to include the EFTA States is actually achievable. For the EFTA States, the consequence is a more ‘supranational’ EEA Agreement than originally conceived. Further, it is shown that the EFTA Court appears, in hard cases, to lean even further towards teleological (ie integrationist) interpretation than the ECJ. It is suggested that this may be due to to structural imbalances between the two EEA courts, the EFTA Court's desire to prove its independence from the EFTA States and its quest for recognition from the ECJ.
TL;DR: After almost two years of uncertainty, the EU is now progressing towards the adoption of harmonized rules on the law applicable to divorce through the activation, for the very first time, of the enhanced cooperation mechanism.
Abstract: After almost two years of uncertainty, the EU is now progressing towards the adoption of harmonized rules on the law applicable to divorce through the activation, for the very first time, of the enhanced cooperation mechanism.
TL;DR: In this paper, the authors trace the origins and rationale for the use of force within the Islamic tradition, and assess the meaning and evolution of the contentious concept of jihad within its historical context, arguing that the concept of Jihad should not be interpreted literally, but be adjusted in accordance with new historical and international conditions, and conducted by peaceful means, rather than by the sword.
Abstract: Since many offensive and defensive wars or acts of terrorism, such as the atrocities of 11 September in the United States and the July 2005 bombings in London, are committed under the banner of Islam and the duty of jihad, it is important to shed some light upon the Islamic laws of war in general, and the controversial concept of jihad in particular. This article traces the origins of, and rationale for, the use of force within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad within its historical context. Following an analysis of the opposing doctrinal views on the potential implications of jihad, the study argues that the concept of jihad should not be interpreted literally, but be adjusted in accordance with new historical and international conditions, and conducted by peaceful means, rather than by the sword.
TL;DR: In this paper, the implications of Cartesio in light of different scenarios of transfer of the registered and the real seat within the European Union are analyzed and the interrelations of right of establishment and private international law rules for the determination of the law applicable to companies are assessed.
Abstract: The judgment of the European Court of Justice in Cartesio was eagerly awaited as a clarification of the questions concerning the scope of the right of establishment (articles 49, 54 Treaty on the Functioning of the European Union (TFEU), (ex-articles 43, 48 EC) that remained after previous landmark decisions such as Centros, Uberseering, and Inspire Art. This article analyses the implications of Cartesio in light of different scenarios of transfer of the registered and the real seat within the European Union. It assesses the interrelations of right of establishment and private international law rules for the determination of the law applicable to companies and concludes that the case law of the European Court of Justice after Cartesio, rather than providing for a coherent system of European company law, leads to arbitrary distinctions and significantly impedes the free movement of companies.
TL;DR: The importance of freedom from fear has been recognized in human rights discourse as mentioned in this paper, but it has not yet been widely recognized in the legal system itself, which is a challenge for human rights decision making.
Abstract: Freedom from fear, expressly recognized in the foundational human rights treaties, has been forgotten in human rights discourse. Fear can have profound behavioural impacts. Without recognition of the importance of freedom from fear, the fulfilment of many human rights is compromised, particularly physical security. Politico-legal thought, from Montesquieu and Blackstone, has long identified the significance of security of the person and the tension between liberty and security. Comparative exploration of contemporary case law reveals disparate approaches to the recognition of security of the person as an individual right which the State is obliged to protect. Increasing the salience of security of the person and the dimension of freedom from fear in human rights decision making raises the difficult issue of balancing conflicting rights.
TL;DR: A small number of regional trade agreements offer a model for reducing the use of trade remedies among WTO Members in the longer term, consistent with WTO rules and broader public international law.
Abstract: As the global financial crisis threatens to manifest in enhanced protectionism, the economic irrationality of dumping, countervailing, and global safeguard measures (so-called ‘trade remedies’) should be of increased concern to the Members of the World Trade Organization (‘WTO’). Long tolerated under the WTO agreements and perhaps a necessary evil to facilitate multilateral trade liberalization, elimination of trade remedies is far from the agenda of WTO negotiators. However, a small number of regional trade agreements offer a model for reducing the use of trade remedies among WTO Members in the longer term, consistent with WTO rules and broader public international law.
TL;DR: In this paper, the authors draw policy lessons from the American indirect purchasers' litigation experience for the design of the European private antitrust regime in the light of the EU Commission's White Paper on damages actions.
Abstract: This article aims to draw policy lessons from the American indirect purchasers' litigation experience for the design of the European private antitrust regime in the light of the European Commission's White Paper on damages actions. The article shows that in multi-level polities procedural aspects of antitrust litigation and judicial cooperation are as crucial as the substantive standards for the success of private enforcement regimes. From this perspective the article criticizes the White Paper for the lack of procedural assessment and urges the Commission to give due consideration to procedural standards and mechanisms of judicial cooperation before taking any legislative action.
TL;DR: Taxonomy, as a methodological tool introduced from natural science, brought the categorization of legal systems to comparative law as mentioned in this paper, and the concept of legal families acts as a support for legal borrowing and transplantation, as well as comprising an inevitable part of most comparative law works.
Abstract: Taxonomy, as a methodological tool introduced from natural science, brought the categorization of legal systems to comparative law.1 The term ‘legal family’2 is normally used as a metaphor, because it recognizes that within each grouping there are many variations. Each of the legal families is regarded as a combination of fundamental features of legal systems which have certain similarities. As an analytical device, taxonomy renders the comparison of different laws and legal institutions manageable by means of simplifying or abstracting the diverse and complicated realities of a myriad of legal systems. As a result, the concept of legal families acts as a support for legal borrowing and transplantation, as well as comprising an inevitable part of most comparative law works. Even where as few as two jurisdictions are involved, the categorization of legal families is still a useful tool for most comparative legal analysis. Assisted by the notion of legal families, comparativists can readily understand and explore an unfamiliar legal system.3 Normally, such scholars tend to accept the conventional or widely accepted categorization of a particular legal system as belonging to a certain legal family. However, without detailed scrutiny of the first-hand material, distortions may arise as a result of preconceptions held at the beginning of the comparative study.4
TL;DR: The Independent International Fact-Finding Mission on the Conflict in Georgia (IIFFMCG) as discussed by the authors conducted visits and meetings and received correspondence from all four entities involved in the conflict and was able to call on the guidance and advice of an advisory board of politicians and senior civil servants as well as on the expertise of military and legal experts, historians and political analysts.
Abstract: On 2 December 2008 the Council of the European Union took the decision to establish an Independent International Fact-Finding Mission on the Conflict in Georgia (IIFFMCG) which had occurred in August of that year. The Mission conducted visits and meetings and received correspondence from all four entities involved in the conflict. It was able to call on the guidance and advice of an advisory board of politicians and senior civil servants, as well as on the expertise of military and legal experts, historians and political analysts. On 30 September 2009, just over a year after the tensions in the Caucasus boiled over into a high-intensity armed conflict, the Mission published its report. The report is significant because, as it correctly noted: