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

The Updated Commentary on the First Geneva Convention – A New Tool for Generating Respect for International Humanitarian Law

Since their publication in the 1950s and the 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 these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides an overview of the methodology and process of the update and summarizes the main evolutions in the interpretation of the treaty norms reflected in the updated commentary

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