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Law and law reform: Are we ready for the twenty-first century?

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References

  1. Shareholder Remedies (Law Commission, No. 246, 1997)

  2. See for example theConsolidated Supervision Directive (92/30/EEC) [1992] OJ L110/52.

  3. Of which Interpol, the Schengen arrangements, and proposals in theAppel de Genève (1996) for a European “judicial area” are examples.

  4. See for example the draft ECConvention on Insolvency Proceedings, 17 Z1P 976, 351 1LM 1223 (1996) and the Cross-Border Insolvency Concordant adapted by the Counsel of the Section on Business Law of the International Bar Association, 17 September 1995.

  5. Uniform Law on the Formation of Contracts for the International Sale of Goods (1980). This has not yet been ratified by the UK.

  6. Model Law on Electronic Commerce (1997).

  7. Convention on Jurisdiction and Enforcement of Judgments (incorporated into UK law by the Civil Jurisdiction and Judgments Act 1982).

  8. The LuganoConvention on Jurisdiction and the Enforcement of Judgments in Civil Matters 1980 (incorporated into UK law by the Civil Jurisdiction and Judgments Act 1991).

  9. Convention on Law Applicable to Contractual Obligations (1980) (incorporated into UK law by the Contracts (Applicable Law) Act 1990).

  10. Convention Concerning the International Carriage of Goods by Road (theGeneva Convention (1956)) (incorporated into UK law by the Carriage of Goods by Road Act 1965).

  11. Convention Concerning the International Carriage of Goods by Rail—the Berne Convention (1980) (incorporated into the UK law by International Transport Conventions Act 1983).

  12. TheHague Rules (1924) as amended by theBrussels Protocol (1968); known collectively as theHague-Visby Rules (incorporated into UK law by the Carriage of Goods by Sea Act 1971).

  13. TheWarsaw Convention (1929) as amended by theHague Convention (1955): (incorporated into UK law by the Carriage of Goods by Air Act 1961).

  14. The Home Page of the Law Commission can be visited on: www.gtnet.gov.uk/lawcomm/homepage.htm.

  15. [1996] A.C. 815.

  16. Offences of Dishonesty: Money Transfers (Law Commission, No.243, 1996). The Theft (Amendment) Act 1996 implemented the recommendations in this report and the earlier report onOffences of Dishonesty: Conspiracy to Defraud (Law Commission, No. 228, 1994).

  17. R. Susskind,The Future of the Law—facing the challenges of information technology (Oxford: Clarendon Press, 1996).

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  18. Access to Justice, Final Report (London: HMSO, 1996).

  19. Lord Irvine of Lairg, Lord Chancellor; Keynote Address to the Solicitors’ Annual Conference, 18 October 1997, transcript published by the Lord Chancellor’s Department.

  20. Since the date of the lecture, the Government has published a White Paper:Rights brought home: The Human Rights Bill (Cm378), and Introduced the Human Rights Bill.

  21. See e.g.Robertson and Rosetanni v.The Queen [1963] S.C.R. 651. There was only one case in which a statute was held to be Inoperative and that was theDrybones case [1970] S.C.R. 282.

  22. [1984] A.C. 689, 700H.

  23. The Rt Hon Sir Nicolas Lyell QC, MP, “Whither Strasburg? Festina Lente or Why Britain should think long and hard before incorporating the European Convention on Human Rights into our domestic law”,Liverpool Law Review XVIII(2) (1996), 115, 120–21.

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  24. [1991] F.S.R. 62.

  25. .

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  26. Supra, n. 19 Lord Irvine of Lairg, Lord Chancellor; Keynote Address to the Solicitors’ Annual Conference, 18 October 1997, transcript published by the Lord Chancellor’s Department.

  27. Law Commission, No. 231. See now Written Answer,Hansard (HL) 23 October 1997, vol. 582, col. 215–6.

  28. First Report of the Committee on Standards in Public Life, Cm. 2850-1, para. 2.104, page 43.

  29. Legislating the Criminal Code: Corruption. A Consultation Paper, Law Commission Consultation Paper No. 145 (1997). See now Legislating the Criminal Code: Corruption, Law Com. No 248 (March 1998).

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Authors
  1. Dame Mary Arden The Hon Mrs. Justice Arden D.B.E.
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This article is the text of the Liverpool Law Review Annual Lecture 1997, delivered on 23rd October 1997.

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Arden, D.M. Law and law reform: Are we ready for the twenty-first century?. Liverpool Law Rev 20, 163–176 (1998). https://doi.org/10.1007/BF02799315

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