English law

Le droit anglais de la responsabilité civile, par rapport au droit français, ne repose pas sur une théorie générale des obligations. Paradoxalement, la responsabilité civile n’est pas une notion présente dans les traditions juridiques de Common law. Le English Tort law est marqué par des traces casuistiques tandis que son homologue français fond rigidement le principe de la responsabilité dans …

While Competition law is at its very beginning in Africa, it has yet to achieve any semblance of common measure with the regulation implemented in the EU. There are however an increasing number of States and supranational institutions that implement competition rules having a strong effect on the African M&A practice. There are many supranational institutions in Africa dealing with …

The past two decades has welcomed a shift in the attitude towards human rights especially within the African state, widely recognised as an ‘egregious human rights violator’[1] where dualism thrives. As a result of increasing international pressure in tandem with widespread despotic regimes across the African continent such as those of Idi Amin and Jean-Bédel Bokassa, the African Charter on …

Since their creation, capital markets have suffered insider dealings. It has become a more serious threat as the amount of capital transfers largely increased during the 20th century. The Securities Exchange Commission (SEC) on behalf of the US government has been the first agency to challenge this market abuse. In 1968, the SEC settled litigation with Merrill Lynch provided that …

A recurrent theme in much of the literature with regards to the United Kingdom’s constitutional and administrative law is that it lacks a codified constitution. There has been much talk of constitutional reform in recent years, which has now inevitably become all the more preponderant. In the absence of a written constitution the dichotomy is further accentuated; many acknowledge the …

Within the matter of a single year, within the confines of a single nation, organ transplantation saved 1,160 lives. 3,697 people had their sight restored through cornea transplants. And the lives of 3,052 dramatically improved by means of kidney transplantation[1]. Given the facts, one may question the logic behind the English law’s curtailment on organ transplantation in the United Kingdom. …

The underrepresentation of women in judicial office is often at the core of judicial diversity arguments. A motivating catalyst for judicial diversity is the structural discrimination and marginalisation that women in law have had to confront. Whilst equality of opportunity is a deeply rooted argument fuelling the appointment of more female judges, it is nonetheless not sacrosanct. While much of …

In today’s so-called “human rights culture” it does not take long for the violation of a human right to gain massive media coverage. The inherent link between human rights and western preoccupations is all the more preponderant in England and France respectively. Furthermore, it has been argued that in an attempt to strictly abide by these rules known as “human rights,” …

The ability to write well is the cornerstone of one’s legal studies. Being able to express yourself coherently and eloquently whilst analysing a complex point of law is not an easy task but, it can nonetheless be mastered when the right technique is adopted. A logical and well-supported essay is pivotal in order to attain good marks. Indubitably, the French …

En France comme en Angleterre le plaidoyer est incontestablement un art. Le plaidoyer ou bien le mooting comme le disent les Anglais est un dialogue, une conversation entre l’avocat qui parle et le juge qui écoute. Un problème de moot est un problème hypothétique basé sur un point de loi peu concluant et parfois nébuleux. Généralement, cela se déroule soit dans …