20,562 research outputs found

    Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

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    Globalisation, alongside with the growth in trade and wealth has influenced the considerable development of consumer law over the last 50 years. In some countries, consumer rights have been embraced at the highest Constitutional level. For instance, in Brazil, consumer protection has been given a constitutional value. This constitutional value has been reinforced by the approach taken by the Federal Supreme Court of Brazil with regard to that nation’s Consumer Code (CDC). In spite of the existence of a specific federal agency with its own rules to govern civil aviation, the services rendered by airline companies are also subject to the Consumer Code. For an obscure reason, and even though logic would favor application of the Montreal Convention, Brazilian judges prefer to apply the Brazilian Consumer Code to international air service, in cases involving consumers. The conflict between the Montreal Convention and the CDC is limited to one area, which is one of the most important areas regulated by the Convention, namely the civil responsibility of the carrier. This paper demonstrates that the inclusion of consumer rights as Constitutional rights does not improve the standard of consumer protection but instead put a heavy burden on airlines and in the case of the CDC even creates legal uncertainty

    Brexit: Is It Really Breaking Free? The Implications of the UK’s Withdrawal from the European Union in the Field of Competition

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    Globalisation has not only increased international competition but also led to an increasingly more integrated and evolving legal system. On 23 June 2016, 52 percent of British voters opted to leave the European Union in the hope of ‘regaining their freedom’. The United Kingdom’s decision to leave the European Union has triggered an important political crisis at the same time as raising various questions as to the implications of such a withdrawal. This referendum leaves much uncertainty about the future in many areas, such as competition. Brexit raises particular problems for competition policy and law because of the influence of the European Commission in this field. Indeed, the Commission is the major direct actor, while the national authorities mainly operate within the European framework. Many authors have argued that the implications of the UK’s withdrawal from the European Union depend on the type of agreement that is secured by the UK. However, this article argues that whatever the type of agreement the UK strikes with the EU, EU competition law will still play a predominant role

    Delphine Red Shirt: George Sword's Warrior Narratives: Compositional Processes in Lakota Oral Tradition

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    George Sword an Oglala Lakota (1846–1914) learned to write in order to transcribe and preserve his people’s oral narratives. In her book Delphine Red Shirt, also Oglala Lakota and a native speaker, examines the compositional processes of George Sword and shows how his writings reflect recurring themes and story patterns of the Lakota oral tradition. Her book invites further studies in several areas including literature, translation studies and more. My review of her book suggests some ways it could be used as a primary resource book in developing curricula in Indigenous philosoph

    The Reform of the Russian Legal Profession: Three Varying Perspectives

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