International Journal of Private Law 

About: International Journal of Private Law is an academic journal published by Inderscience Publishers. The journal publishes majorly in the area(s): Legislation & European union. It has an ISSN identifier of 1753-6235. It is also open access. Over the lifetime, 143 publications have been published receiving 294 citations. The journal is also known as: IJPL.

Import (toy) safety, consumer protection and the WTO Agreement on Technical Barriers to Trade: prospects, progress and problems

Abstract: Given increased concerns about the safety of imported toys, is a total or partial ban on toy imports an option under prevailing global trade rules? Specifically, can governments unilaterally adopt new technical regulations that introduce higher safety standards for toys? This paper examines the legal implications of a direct or indirect ban on toy imports. Analysis is carried out through the framework of the Agreement on Technical Barriers to Trade of the World Trade Organization. Does the TBT Agreement restrict democratic control over product standards thus jeopardising public health and welfare? Or, does the TBT Agreement afford countries adequate flexibility to manage risks to human health and safety from tainted imports even while guarding harmful barriers to global trade? The question arises because technical regulations and standards implicate international trade law and international human rights law. This paper highlights the tension between trade liberalisation and health and safety.

Law and society in Brazil: the prevailing perceptions of law in Brazilian society

Abstract: Due to the chasm in Brazil that exists between law on paper and 'law' in practice, anyone wishing to understand how the country works in reality will also need to consider the ways in which people are able to excuse themselves from submission to positive law. An observation of Brazil's reality reveals a society that is deeply regulated by contra-legem (anti-legal) rules. These are not the rules that are taught in law schools, but rather are socially defined rules that vary remarkably from the state codes, statutes and the rulings of the courts. This article provides an analysis of Brazil's legal culture. 'Legal culture' means the prevailing perceptions about law in society and the general attitudes towards the formal legal system. Thus, this article explains the manner in which Brazilian law operates in practice as opposed to theory.

Moving towards unsustainability: a study of the Chinese telecommunications regulation

Abstract: The Chinese telecommunications market has evolved into the world's largest market in recent years, which attracted vast attention from both foreign industries and regulators throughout the world Although having only a short period of privatisation and liberalisation, the market has provided sharp increases in almost every aspect Being a transitional economy, China is now facing the big challenge of sustaining this fast development in the long run This research explores the development of China's telecommunications industry, discusses the driving forces and the domestic regulatory/legal environment, estimates the future developing trend and makes recommendations as to a better regulatory practice in the transitional period The focus of this research is to assess whether the astonishingly fast development in the Chinese telecommunications industry in the past two decades is sustainable, and if so, what would be the supporting regulatory framework and how should it work

Legitimate governing of the internet

Abstract: Numerous discussions on internet governance have revolved around the prevailing issue of legitimacy aspects, not least due to the fact that the internet is not confined to technical issues, but also implies policy-making decisions In the course of addressing legitimacy in international governance, the tendency to rely on democratic principles can be identified Such an approach, however, should be subject to enhanced scrutiny, since perceptions of both democracy and legitimacy vary and run the risk of merely replacing one complex and vague generic term by another Furthermore, no quick solution can be expected from adherence to the general concept of multi-stakeholderism either The questions remain, how players can be designated, procedures ensured and outcomes secured that are deemed legitimate New approaches are welcome and will need further elaboration to pave the way forward towards a generally accepted, stable internet governance framework complying with legitimacy expectations raised by the various stakeholders concerned

CONTEST’ing Chicago origins and reflections: lest we forget!

Abstract: This year marks the 70th anniversary of the Chicago Convention; recognising this, this paper focuses on the origins and incentives behind the Chicago Convention. The convention identifies the role of international civil aviation as a means to 'preserve friendship and understanding among the nations and peoples of the world'. Yet, it is acknowledged that 'its abuse can become a threat to the general security'. Commentary is given on the historical roots of air law and the challenges faced by aviation as a result of such abuse. Also considered is the continuous battle between national sovereignty, security, trade and technological developments. The paper identifies contemporary and future security threats, questioning how prepared is the industry and how much has been learnt from historical events. It is concluded that the aviation framework remains fragmented and that without further uniformity there will remain unnecessary vulnerability and risk 'to peoples of the world'.