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  • S Fredman, 'Sceptism under Scrutiny: Labour Law and Human Rights' in T Campbell, K D Ewing and A Tomkins (eds), Sceptical Essays in Human Rights (OUP 2001)
    An examination of sceptical approaches to human rights, in order to move through sceptism towards a possible reconstruction of human rights in a social democratic context
    ISBN: 0-19-923669-6/0-19-924668-8
  • Elizabeth Fisher and P Schmidt,, 'Seeing the ‘Blind Spots’ in Administrative Law: Theory, Practice, and Rulemaking Settlements in the United States' (2001) 30 Common Law World Review 272
    ISBN: 1473-7795
  • Elizabeth Fisher, Warwick Gullett, Chris Paterson and Elizabeth Fisher, 'Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' of the Precautionary Principle' (2001) 7 Australasian Journal of Natural Resources Law and Policy 40
    Fish!A review of recent Australian Administrative Appeals Tribunal decisions concerning AFMA`s exercise of discretion pursuant to their legislative objective of the precautionary principle.
    ISBN: 1320-5323
  • P P Craig, 'The Courts, the Human Rights Act and Judicial Review' (2001) 117 Law Quarterly Review 589
    Analysis of early important decisions under HRA
    ISBN: 0023-933X
  • N. W. Barber, 'The Doctrine of State Necessity and Revolutionary Legality in Fiji' (2001) 117 Law Quarterly Review 370 [Case Note]
    ISBN: 0023-933X
  • P Eleftheriadis, 'The European Constitution and Cosmopolitan Ideals' (2001) 7 The Columbia Journal of European Law 21
    ISBN: 1076-6715
  • JA Armour, 'The Law and Economics of Corporate Insolvency: A Review' in R.D. Vriesendorp, J.A. McCahery and F.M.J. Verstijlen (eds), Comparative and International Perspectives on Bankruptcy Law Reform in the Netherlands (Boom Juridische uitgevers 2001)
    ISBN: 90-5454-109-1
  • Elizabeth Fisher and R Harding, 'The Precautionary Principle in Australia: From Aspiration to Practice?' in T. O’Riordan, J. Cameron & A. Jordan (ed), Reinterpreting the Precautionary Principle (Cameron May Publishing 2001)
    Descriptive analysis of precautionary principle in Australia.
    ISBN: 1874698236
  • A Briggs, 'The Revenue Rule in the Conflict of Laws: Time for a Makeover' (2001) 37226 Singapore Journal of Legal Studies 19
    Analysis of the Revenue Rule in the Conflict of Laws: an attempt to identify the proper basis for such a rule, and consideration of arguments for its reform.
    ISBN: 0218-2173
  • H Eidenmüller, 'Vertrags- und verfahrensrechtliche Grundfragen der Mediation: Möglichkeiten und Grenzen privatautonomen Konfliktmanagements' in S Breidenbach, D Coester-Waltjen, B Heß, A Nelle and Ch Wolf (eds), Konsensuale Streitbeilegung (Gieseking 2001)
  • H Eidenmüller, 'Zur Effizienz der Verjährungsregeln im geplanten Schuldrechtsmodernisierungsgesetz' (2001) Juristenzeitung (JZ) 283
  • JA Armour and M. J. Whincop, 'An Economic Analysis of Shared Property in Partnership and Close Corporations Law' (2001) 26 Journal of Corporation Law 101
    ISBN: 0360795X
  • R Ekins, 'Defence Counsel Incompetence and Post-Conviction Relief: An Analysis of How Adversarial Systems of Justice Assess Claims of Ineffective Assistance of Counsel' (2001) 9 Auckland University Law Review 529
  • G Dinwoodie and L. Helfer, 'Designing Non-National Systems: The Case of the Uniform Domain Name Dispute Resolution Policy' (2001) 43 William and Mary Law Review 141
    The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by some as the model for a new non-national approach to lawmaking and dispute settlement applicable to a broader set of legal issues that transcend national borders.

    In this article, we describe the conditions that led to the UDRP's formation and consider whether the UDRP can and should be replicated elsewhere. The process by which the UDRP was created, and the way in which it is structured, departs significantly from preexisting approaches to international lawmaking and dispute settlement. The UDRP is the product not of national legislation nor an international treaty, but rather of a web of contractual obligations imposed by a private, non-profit corporation with a monopoly over a valuable resource. Through its agreements with the U.S. Department of Commerce, ICANN serves as the gatekeeper for anyone seeking to acquire the most commercially valuable internet addresses. Exclusive control of access to the root server enables ICANN to dictate the terms and conditions for domain name ownership. This technological control also facilitates enforcement of UDRP panel decisions compelling domain name registrars to cancel ownership of contested domain names or transfer them from registrants to trademark owners.

    The UDRP deviates from preexisting lawmaking and dispute settlement paradigms in other ways that make its advantages considerable (and which may make it attractive for replication). For example, the UDRP is a hybrid dispute settlement system. It contains an amalgam of elements from three distinct decision making paradigms - judicial, arbitral and ministerial - and it draws inspiration from international, supranational, and national legal systems. The UDRP thus reveals how dispute settlement structures can be tailored to the needs of new technologies and new types of legal conflicts. The UDRP is also non-national. Neither its substantive content nor its prescriptive force necessarily depends upon the laws, institutions, and enforcement mechanisms of any single nation-state or treaty regime. It thus suggests ways to bypass the often slow and cumbersome mechanisms of national and international lawmaking and to fulfil the demand for effective dispute settlement mechanisms that, like so much current social activity, transcend national borders.

    Even assuming the UDRP can be applied to other situations where the conditions of monopolistic technological control do not subsist, however, we do not believe that it should be uncritically extended to other contexts without first questioning how non-national systems ought to be structured. In particular, while we applaud the effort to construct a non-national model that draws upon but is not constrained by existing paradigms, the current iteration of that model fails to incorporate appropriate checking mechanisms to control the scope and pace of lawmaking and the limited powers granted to dispute settlement decisionmakers. Moreover, the tensions between national and non-national values may be more difficult to reconcile in other settings; cybersquatting, in contrast, was universally condemned, and thus competing national values were less frequently implicated. We seek to identify these and other variables that should guide the authors of new checking mechanisms for new non-national structures.

  • G Dinwoodie, W. Hennessey and S. Perlmutter, International Intellectual Property Law and Policy (LexisNexis Publishing 2001)
  • H Collins, 'Is There a Third Way in Labour Law?' in J. Conaghan, R.M. Fischel, and K. Klare (eds), Labour Law in an Era of Globalisation (Oxford University Press 2001)
    ISBN: 019924247X
  • H Collins, 'Justifying European Employment Law' in S. Grundmann, W. Kerber, and S. Weatherill (eds), Party Autonomy and the Role of Information in the Internal Market (Walter de Gruyter 2001)
    ISBN: 9783110170030
  • JA Armour and S. Deakin, 'Norms in Private Insolvency: The London Approach to the Resolution of Financial Distress' (2001) 1 Journal Corporate Law Studies 21
    In recent years law and economics scholarship has expanded its frame of reference to incorporate the role of social norms in shaping the incentives of actors. This shift in perspective has yet to filter through to the literature on bankruptcy, which has to date concentrated on the role of legal rules in resolving financial distress. This paper presents qualitative findings on how financial distress is resolved amongst creditors of large UK firms. Such restructurings proceed according to an informal set of market norms known collectively as the "London Approach." The paper suggests that regulatory pressure applied by the Bank of England may have been critical in "seeding" the market norms. It also examines the prospects for the London Approach's future in light of changes in the financial environment brought about by globalisation. The paper points the way towards an incorporation into bankruptcy scholarship of the role played by social norms.
    ISBN: 1473-5970

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