Pub Date : 2018-08-14DOI: 10.1163/2211906X-00702005
K. O. Kufuor
A feature of the Ghana private rental accommodation market is that landlords usually demand advance rent of, in some instances, up to 5 years before signing a tenancy agreement. This is in violation of the 1963 Rent Act and recent initiatives are in the direction of curing this problem in the interest of protecting prospective tenants. However while advance rent is a financial burden this is offset by transaction costs in the housing market. Hence, in this paper and influenced by New Institutional Economics, I argue that it is possible for tenants and landlords to continue to bargain outside the shadow of the law to secure mutually beneficial tenancy agreements.
{"title":"Let’s Break the Law: Transaction Costs and Advance Rent Deposits in Ghana’s Housing Market","authors":"K. O. Kufuor","doi":"10.1163/2211906X-00702005","DOIUrl":"https://doi.org/10.1163/2211906X-00702005","url":null,"abstract":"A feature of the Ghana private rental accommodation market is that landlords usually demand advance rent of, in some instances, up to 5 years before signing a tenancy agreement. This is in violation of the 1963 Rent Act and recent initiatives are in the direction of curing this problem in the interest of protecting prospective tenants. However while advance rent is a financial burden this is offset by transaction costs in the housing market. Hence, in this paper and influenced by New Institutional Economics, I argue that it is possible for tenants and landlords to continue to bargain outside the shadow of the law to secure mutually beneficial tenancy agreements.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/2211906X-00702005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46620712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.1163/2211906X-00702001
M. Durovic
This paper examines the pending initiative for harmonization of contract law in Eastern and South-Eastern Asian jurisdictions from the perspectives of the European Contract Law (ECL) and the Vienna Convention on International Sale of Goods (CISG). The idea behind the paper is that experiences, both positive and negative ones, gained from these two examples of harmonization of contract law may be very beneficial for the Asian initiative. Learning about the ECL and the CISG enables a better and more complete understanding of the contract law harmonization process. In particular, the analysis of these two examples show all the different problems, challenges and issues that harmonization of contract law brings which need always to be taken into consideration and the necessary conditions which need to be fulfilled in order to achieve a high level of harmonization in reality. Finally, this paper comes up with some of the suggestions that should be taken into consideration by the relevant stakeholders while discussing on how to proceed further with the harmonization of contract law in Asia.
{"title":"Harmonization of Contract Law in Eastern and South-Eastern Asia: What Can Be Learned from the CISG and the ECL Experience?","authors":"M. Durovic","doi":"10.1163/2211906X-00702001","DOIUrl":"https://doi.org/10.1163/2211906X-00702001","url":null,"abstract":"This paper examines the pending initiative for harmonization of contract law in Eastern and South-Eastern Asian jurisdictions from the perspectives of the European Contract Law (ECL) and the Vienna Convention on International Sale of Goods (CISG). The idea behind the paper is that experiences, both positive and negative ones, gained from these two examples of harmonization of contract law may be very beneficial for the Asian initiative. Learning about the ECL and the CISG enables a better and more complete understanding of the contract law harmonization process. In particular, the analysis of these two examples show all the different problems, challenges and issues that harmonization of contract law brings which need always to be taken into consideration and the necessary conditions which need to be fulfilled in order to achieve a high level of harmonization in reality. Finally, this paper comes up with some of the suggestions that should be taken into consideration by the relevant stakeholders while discussing on how to proceed further with the harmonization of contract law in Asia.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/2211906X-00702001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45154322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.1163/2211906X-00702004
Athanasios Giocas
Constitutional development in both Canada and Israel abounds with the enduring marks of historical globalization phenomena. For Canada, achieving a unified political formation through confederation related to reconciling French Canadian, British and aboriginal dynamics, each of which possesses its own globalized dimension. Constitutional development in Israel is equally multi-faceted. Not only the population within the state’s effective control was and remains diverse, Israel inherits (not without controversy) the biblically-inspired notion of the Jewish state as well as a religiously-grounded understanding of basic legal categories from another globalized franchise, the Ottoman Empire, all while purporting to maintain an unequivocal commitment to contemporary Western legal culture. In order to better recognize and integrate such phenomena within the broader process of constitutional development in both Canada and Israel, the article explores the viability of a hermeneutical framework based on the underlying moral bases of federalism, as facilitated by the institute of unwritten constitutionalism.
{"title":"Canada and Israel in Comparative Constitutional Perspective: The (Sometimes Overlooked) Legal Historical Dimension of Globalization","authors":"Athanasios Giocas","doi":"10.1163/2211906X-00702004","DOIUrl":"https://doi.org/10.1163/2211906X-00702004","url":null,"abstract":"Constitutional development in both Canada and Israel abounds with the enduring marks of historical globalization phenomena. For Canada, achieving a unified political formation through confederation related to reconciling French Canadian, British and aboriginal dynamics, each of which possesses its own globalized dimension. Constitutional development in Israel is equally multi-faceted. Not only the population within the state’s effective control was and remains diverse, Israel inherits (not without controversy) the biblically-inspired notion of the Jewish state as well as a religiously-grounded understanding of basic legal categories from another globalized franchise, the Ottoman Empire, all while purporting to maintain an unequivocal commitment to contemporary Western legal culture. In order to better recognize and integrate such phenomena within the broader process of constitutional development in both Canada and Israel, the article explores the viability of a hermeneutical framework based on the underlying moral bases of federalism, as facilitated by the institute of unwritten constitutionalism.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/2211906X-00702004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42886218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.1163/2211906X-00702003
Khurshid Iqbal, N. Shah
We critically examine the definition of ‘terrorism’ in the Anti-Terrorism Act 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards. 1 We conclude that the definition of terrorism under the Anti-Terrorism Act does not pass the test of the principle of legality and the jurisprudence of the Supreme Court of Pakistan is inconsistent confounding the situation further. We recommend that Pakistan, following the principle of legality and human rights standards, amend the current definition of terrorism as an overbroad definition could be misused and abused leading to human rights violations.
{"title":"Defining Terrorism in Pakistani Anti-Terrorism Law","authors":"Khurshid Iqbal, N. Shah","doi":"10.1163/2211906X-00702003","DOIUrl":"https://doi.org/10.1163/2211906X-00702003","url":null,"abstract":"We critically examine the definition of ‘terrorism’ in the Anti-Terrorism Act 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards.\u00001\u0000 We conclude that the definition of terrorism under the Anti-Terrorism Act does not pass the test of the principle of legality and the jurisprudence of the Supreme Court of Pakistan is inconsistent confounding the situation further. We recommend that Pakistan, following the principle of legality and human rights standards, amend the current definition of terrorism as an overbroad definition could be misused and abused leading to human rights violations.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/2211906X-00702003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47672301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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