International Trade and Business Law Review: Volume X

Articles - Abstracts

Religious Monopolies and The Commodification of Religion
By Shima Baradaran-Robison; Law Clerk to the Honorable Jay S. Bybee, Ninth Circuit Court of Appeals. Brett G. Scharffs, Professor of law, J. Reuben Clark Law School, Brigham Young University. Elizabeth A. Sewell; Associate Director, International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University.
Religious monopolies in various countries claim to be entitled to state protection. The article analyses the arguments that such groups make to secure protection and highlights the extent to which these arguments parallel closely the arguments used by industrial monopolies. 


International Trade Law and Common Mistake: Has there really been a Satisfactory Clarification of what Fundamental Legal Principles Apply?
By Des Taylor.
This article investigates the positions taken by English and Australian law in relation to common mistake prior to the ‘Great Peace’ decision. It analyses the ‘Great Peace’ decision and concludes with a discussion on the English and Australian Positions since the ‘Great Peace’ decision.


Whose Life is it Anyway? A comment on the Terri Schiavo Case
By Meredith Blake
The author analyses some of the legal concerns arising from the Terri Schiavo case, a woman who was permanently comatose in America. The author indicates that ethical arguments regarding the clinical ending of life continue to be debated throughout the world. The author concludes that ultimately the question of who can make decisions in such situations, and on what basis, is a legal question. The article discusses the approaches taken by the United States, the United Kingdom and Australia.


The United States-Australia Free Trade Agreement
By Jasmine Morris
This article provides an interesting analysis of the treaty-making process used by the Australian Government. Jasmine picks up on some material deficiencies in the process that provide a disproportionate amount of power to the executive. She goes one to suggest alternative means to overcome some of these deficiencies, based partly on existing recommendations already put to the Australian Government.


Military Occupation and the Rule of Law: The Legal Obligations of Occupying Forces in Iraq
By Ben Clarke
As the situation in Iraq moves slowly forward, Ben Clarke looks into the obligations that occupying forces have at international law. He highlights some interesting conflicts within the law itself and examines the performance of the current occupying powers in Iraq . A discussion of the ever present issue of enforcement of international law obligations is also included.


The Language of International Trade Law: Problems or Salvation?
By Dr. Bruno Zeller
Legal language can be difficult to understand at the best of times. Add to this characteristic the barrier of a different language and the task can become fraught with misunderstanding. Dr Bruno Zeller examines how international law is facing this challenge when it comes to the wording of legal
conventions.


Peace Plan
By Andre Corterier
This is a candid article on the overly technical application of the law with regard to contractual terms and conditions with the added complexity of cross border contracts and international law.