NJCL 2/2013 includes four pieces: each tackling issues relating to attempts at the harmonization of law at a supranational level. It is asked whether the ambitious goals of the drafters of international conventions have transferred into real harmonization of norms on the practical level.
Andreas Ehlers presents a critical piece on the true meaning of Article 74 of CISG, which states the goal of uniformity in interpretation of the convention. In particular, the article looks at references to the traveaux préparatoires or foreign cases in CISG case law and finds them mostly lacking. Ehlers asks, whether there are benefits in holding on to a goal that seems a practical failure.
Michael Ogwezzy discusses the role of the Common Court of Justice and Arbitration (CCJA), which was established by 15 African countries by adoption of the OHADA Treaty. The Organization for the Harmonization of Business Law in Africa (OHADA) introduced a model business law for its member states and created a road of appeal to the CCJA in order to secure harmonized interpretation and settlement of commercial disputes throughout the signatory territories. Thus, the CCJA is both an arbitration center and a final court of appeal; and it is asked, whether it can fulfill the ambitious role set forth by the drafters in the politically and practically challenging environment it operates.
Sanaa Kadi focuses on the tax treatment of the Societas Europeana (SE), the European Company form. While the whole point of the SE company form is to allow European companies to operate freely within the EU by removal of company law requirements relating e.g. to establishment, the SE regulation does not cover tax issues. Kadi presents examples and solutions to the various tax problems that an SE may face, because of the differences in tax treatment in member states.
Rosa Maria Ballardini presents a review of her doctoral thesis on intellectual property protection for computer programs. She reviews and criticizes the piecemeal approach to protection and offers a number of innovative approaches to shaping the IP laws and developing their interpretation. Her focus on the unique features of the software IP framework gives valuable insights into the flexibilities within the IP system.
Wishing all NJCL-readers a prosperous New Year of 2014,
Katja Lindroos (Weckström)
Nordic Journal of Commercial Law