Politics as a process of persuasion... | 39 comments (39 topical, editorial, 0 hidden)

and US common law: The apple does not fall far from the tree. Famous last words

There have been Brexit-related suggestions in some quarters that, because the UK is "leaving Europe", English contract law will be a less attractive option in international commerce as the chosen governing law of contracts. Actually, reason and experience indicates otherwise. English law has been the pre-eminent choice of governing law for international business contracts for decades, since long before the UK entered the EU.

9 March Draft Highlights, Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, pp 130

PART SIX, INSTITUTIONAL AND FINAL PROVISIONS
TITLE I, CONSISTENT INTERPRETATION AND APPLICATION
[W] Art. 153, Jurisdiction of the Court of Justice of the European Union concerning Parts Three and certain provisions of Part Five
[W]TITLE III DISPUTE SETTLEMENT

Are not agreed at all.

Diversity is the key to economic and political evolution.

by Cat on Thu Jul 5th, 2018 at 03:17:14 PM EST
[ Parent ]

Re: "English law" (none / 1)

heh and coincidentally*, Bradwell v. The State, 83 U.S. 16 Wall. 130 130 (1872)

"It is to be remembered that at the time this statute was enacted we had, by express provision, adopted the common law of England, and, with three exceptions, the statutes of that country passed prior to the fourth year of James the First, so far as they were applicable to our condition."

Some here may still be amazed how often this sentiment recurs in US American common law and restatements. Orders of magnitude greater by contrast to cursory acknowledgement, if any, to "international law." US-UK do. not. do. international law, 'k?

*I was looking for something else, Harris vs. Quinn (2014), an event that had me quite out of joint at the time, into Taft-Hartley, and RAYGUN (1981). So it goes, the hand-wringing, too little, too late.

Diversity is the key to economic and political evolution.

by Cat on Fri Jul 13th, 2018 at 04:45:37 PM EST
[ Parent ]

Re: "English law" (none / 0)

what a load. WaPoo "explainers" from 1981.
Union Leaders Support PATCO Walkout
Federal Labor Panel Rules Against PATCO

Studs Terkel, AUDIO/EN
Jim Paulei of PATCO discusses the air traffic controller's strike and describes a day on the job.

Diversity is the key to economic and political evolution.

by Cat on Fri Jul 13th, 2018 at 04:59:39 PM EST
[ Parent ]

Politics as a process of persuasion... | 39 comments (39 topical, 0 editorial, 0 hidden)

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