Choice of Law Clauses in Consumer Contracts: A Comparative Study of American and E.E.C. Law

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent. The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in the U.S. and the E.E.C. The present work compares choice of law conflicts in four U.S. states: Illinois, Georgia, California and New York with the 1980 E.E.C. Convention on the Law Applicable to Contractual Obligations. This thesis concludes that choice of law has an important function in preventing the evasion of a large part of consumer protective provisions

The Updated ICRC Commentary on the Second Geneva Convention: Demystifying the Law of Armed Conflict at Sea

Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the Convention, the type of vessels it protects (in particular hospital ships and coastal rescue craft), and its relationship with other sources of international humanitarian law and international law conferring protection to persons in distress at sea. It also outlines differences and commonalities between the First and the Second Conventions, including how these have been reflected in the updated Commentary on the Second Convention. Finally, the article highlights certain substantive obligations under the Convention and how the updated Commentary addresses some of the interpretive questions they raise

International Humanitarian Law and the Challenges of Contemporary Armed Conflict

Jean-Marie Henckaerts is a legal adviser in the Legal Division of the International Committee of the Red Cross and the co-author of a leading treatise on customary international humanitarian law. He is currently directing a project to revise and update the ICRC Commentaries on the Geneva Conventions. He has taught and lectured on international law and international humanitarian law at various institutions, including the University Centre for International Humanitarian Law in Geneva and the International Institute of Human Rights in Strasbourg

Estudio del CICR, sobre el derecho internacional consuetudinario

As of December 1995, the XXVI International Conference of the Red Cross and the Red Half Moon endorsed such a recommendation and  officially asked the ICRC to prepare a brief about the common regulations of the humanitarian international law applicable to both international and non-international armed conflicts. Almost ten years later, in 2005, after a detailed investigation and several consultations with experts, a brief known as “A Study of” the Common International Humanitarian Law,” has been published, (from now on, the “Study”). The aim of the Study about the Common International Humanitarian Law was to overcome some of the problems which give rise to the application of the Conventional International Humanitarian Law. This particular law, which is well developed and covers several aspects of the war, provides protection to different categories of people in times of armed conflict and limits the warlike means and methods which have been permittedEn diciembre de 1995, la XXVI Conferencia Internacional de la Cruz Roja y de la Media Luna Roja refrendó esta recomendación y encargó oficialmente al CICR que preparara un informe sobre las normas consuetudinarias del derecho internacional humanitario aplicables en los conflictos armados internacionales y no internacionales. Casi diez años después, en 2005, tras una minuciosa investigación y numerosas consultas a expertos, se ha publicado este informe, conocido como Estudio sobre el derecho internacional humanitario consuetudinario (en adelante, el “Estudio”).  La finalidad del Estudio sobre el derecho internacional humanitario consuetudinario era superar algunos de los problemas que plantea la aplicación del derecho internacional humanitario convencional. Este derecho, que está bien desarrollado y cubre numerosos aspectos de la guerra, brinda protección a diversas categorías de personas en tiempo de conflicto armado y limita los medios y métodos bélicos permitido

Deportation and Transfer of Civilians in Time of War

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation