English law

Diplomatic immunity – Unjust justice?

Passeports Le Petit Juriste

     There is an old story going around Paris again these days that exposes another abusive example of diplomatic immunity. The story has resurfaced, not surprisingly, because at the core of the alleged event was none other than Hannibal Kadhafi, the son of the infamous Libyan leader Mouammar Kadhafi.     According to eye witnesses a few years back, …

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New tax treaty between France and Hong Kong


      Negotiations between Hong Kong and France had begun in September 2003 and started again in October 2009. A double taxation agreement (DAT) was signed on 21th october 2010 between France and Hong Kong.   This new DTA will certainly be effective on 1st of January 2012.   The special administrative region (« SAR ») of Hong Kong has a basic …

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Writ of Habeas Corpus : Tragically Ignored Again in North Africa’s Latest Uprisings


        The recent revolutions in Tunisia, Egypt and more recently Libya (United Nations members) have produced not only civilian casualties, but also what the international community is calling unlawful detainment of anti-government protestors. In Egypt, many of the detainees are still being held incommunicado (without access to family or lawyers) with no official charges or reasonable justification …

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All You Need Is Law !

beatles petit juriste

        Picture yourself in a boat on a river, with tangerine trees and marmalade skies.  If that did not set any cogs in motion then perhaps a simple description of old flattop with his joo-joo eyeballs might have a more stimulating effect.  Of course, with a little help from John Lennon, I am talking about those four, …

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Do unimplemented European Community directives have direct effect – or any other legal effect – in national law? Is the law in this area satisfactory?

      The personality of the Directive – one of the EC’s three main legislative instruments – has undergone major alteration in its short history. We shall see two competing trends, noted by Dashwood, – the need to secure the potency of Community law, and the need to follow faithfully the provisions of the EC Treaty – leading to …

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Interpretation of contracts, a hangover from the House of Lords

          When parties to a contract disagree on the meaning of the contract they have entered into, judges may have to interpret the unclear wording of the contract in order to establish its ‘true meaning’.           In Investors Compensation Scheme Ltd v West Bromwich Building Society1, Lord Hoffman summarised the principles upon …

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Jura Novit Curia and Ethics in International Arbitration

        On Thursday, 22nd of September, the ICC’s Young Arbitrators Forum and Castaldi Mourre & Partners co-organized a round table to discuss two hot topics related to international commercial arbitration. The discussion with worldwide practitioner’s, focused on the application of “Jura novit curia” to international arbitration and the eventual creation of a code of ethics specific to …

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