Background. The arbitrability of administrative contracts contributes to sustainable dispute resolution within the United Nations’ Sustainable Development Goals 16 (SDG 16). However, different regulation of administrative contracts in comparative law affects the arbitrability of the disputes arising out of them. The question arises – is protection deserved if an administrative contract containing an arbitration clause concluded in violation of the administrative law of the governmental body or without a special approval is invalid, unenforceable, or if the company was unaware of such a requirement? This paper analyses the concept of an administrative contract and its arbitrability in Saudi Arabia and comparative law to provide for sustainable solutions. Methods. The analysis of the applicable arbitration and administrative laws and rules is conducted with the normative method to establish the arbitrability of the disputes arising out of administrative contracts and the concept of the administrative contract. The case analysis reveals if the legislative approach causes difficulties in practice. The dogmatic method is applied to link the reasons for legislative and case law development to the current normative solutions in comparative and Saudi law. The conclusions on the existing problems and possible solutions shall be based on the analytical method. Results and Conclusions. Government contracts are of great importance and their exclusion from arbitration contradicts the set goal of sustainable dispute resolution mechanism. Differences in comparative law in terms of the notion of the administrative contract and the arbitrability may diminish the positive effects of arbitration in administrative contracts, as they may endanger equal access to dispute resolution as part of the sustainable development goals, be enforceable, or even cause discrepancies between states that annul the arbitration awards and others that still enforce the awards despite their annulment.
Bosnia and Herzegovina has been one of the first European states to introduce a generous consumer collective redress mechanism. It was established under the influence of the EU, the United States and former Yugoslav law. The legislation of Bosnia and Herzegovina provides an excellent opportunity to examine to which extent the collective redress remedies emanating from different legal traditions may co-exist and function together. The number and variety of collective consumer remedies in Bosnia and Herzegovina is quite impressive. But the mechanism has still not been used because of the weaknesses of those who are supposed to trigger it. The very generous solutions for consumer associations and a specialized Ombudsman for Consumer Protection, both with wide powers to initiate collective proceedings, have not proved to be sufficient. The lack of appropriate funding has so far been an obstacle that is too great for any collective initiative. It also does not help that legislation allows traders to file for compensation in the case of unfounded collective claims when the reputation and business of the trader have been seriously harmed. The new EU Directive on consumer representative actions will certainly require further reforms in Bosnia and Herzegovina, especially with regard to collective claims for damages. This will provide the legislator with the opportunity not only to introduce more options for collective redress, but also to add the missing pieces of the jigsaw so that the mechanism finally fulfils its purpose of providing legal protection for consumers.
This article deals with the protection of consumers when they enter e-commerce transactions with foreign companies. Most states reacted to the growing importance of e-commerce by enacting data protection and consumer protection legislation and by requiring registration of e-businesses. Companies have found a way to circumvent the consumer legislation by offering the consumers to agree to a choice of foreign courts and laws which are included in their terms and conditions. Consumers give away the protection of their home state simply by clicking to accept the general terms and conditions on the company’s website. The purpose of this article is to examine if the solutions and the experience from the United States and the European Union could serve as a model for transnational protection of consumers in e-commerce. The authors discuss the different levels of protection offered in the United States and the European Union and consider unification of the standards by a multilateral convention.
The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goals, the 2030 Agenda relies on international law instruments. The right to a healthy and sustainable environment is developing towards an internationally recognized human right. As environmental goals do not recognize national borders, international law plays a key role. International environmental law should facilitate a broader application of existing clean technologies through the transfer of technology and examine the development of new technologies as to its compatibility with a sustainable environment. Moreover, the human right to share in scientific advancement and enjoy its benefits embodies equal access to technology. The legal enforcement of sustainable goals in the private and governmental sectors remains one of the main concerns of climate change.
Ova stranica koristi kolačiće da bi vam pružila najbolje iskustvo
Saznaj više