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Bills of lading had been in use a long time before the first attempts for the standardisation of their terms occurred. Their utility as legal documents was recognised after they have been circulated and used in international trade for some time. More clauses purporting to absolve the carrier from liability were introduced in the content of the bill of lading . A formula for the establishment of minimum liability of the carrier was adopted by a series of conferences after the first world war, in order to stop the practice of contracting in ways which would unduly favour the carrier. The whole effort has resulted in the emergence of the international convention for the unification of certain rules relating to bills of lading 1924. In modern days this document started to be used as a register in the book of loading and after years of practice has established as a new document. A bill of lading is a fundamental and vital document of international trade and commerce, indispensable to the conduct and financing of business involving the sale and transportation of goods between parties located at a distance from one another. A bill of lading has commonly been said to have three characteristics : 1} a contract for the carriage of the goods 2} an acknowledgement of their receipt and 3} documentary evidence of title . However, there is an uncertainty and dispute about its contractual nature. The significance of the establishment of the contractual role of bills of lading based on the necessity that any contractual party should know the final terms of the contract upon which the terms of the International Conventions will be implied to. Contractual terms must not be different to these stated by the International Conventions. Is the bill of lading the contract of carriage upon which the terms of the International Conventions are implied to? In this first article it is proposed to investigate the contractual role of bills of lading as it has been perceived in the different international conventions. The analysis will be based mainly on arguments which have arisen from the content of the conventions themselves, than by investigating the national Acts which were introduced in order to implement the international conventions. Reference to other sources, such as court decisions or views of various scholars, will be made in case that there is a straight relation with the construe of the conventions themselves. The main scope is to find out how the international practice is reflected in the writing of the conventions. This article will be the first of a series of articles which will follow and where their contractual role under the Creek, United States and English law will be investigated.

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

Earlier studies assume that historical dwellings and post-war dwellings in particular, are less sustainable than modern dwellings, justifying its demolition. Over time, historical buildings have been transformed and their energy performance improved. However, there is little known on the energy performance of historical dwellings. The purpose of this paper is to unveil the role of historical dwellings and its transformations in improving urban sustainability.

In this research, historical dwellings (built=1970) are distinguished in listed and unlisted dwellings. Three cities were selected as case study – Amsterdam, The Hague and Rotterdam – and three post-war neighborhoods – New-West, Mariahoeve and Ommoord. This research uses the difference in energy label (original vs current performance) to discuss the transformations of dwellings: comparing modern and historical; post-war and other historical; and listed and unlisted dwellings.

Findings reveal that historical and post-war dwellings have great potentials to raise the energy performance e.g. by applying after insulation and renewable energy sources. Furthermore, The Hague and its post-war neighborhood Mariahoeve have a considerably lower energy performance. Further research could relate the raising of energy performance to the cultural significance of such dwellings, to better discuss the role of attributes and their transformation to raising energy performance.

This paper addresses the knowledge gap of the current energy performance of historical dwellings, by presenting and discussing its role in improving urban sustainability.

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and unnecessary suffering – two concepts that gird the regulation and moderation of war and limit the use of certain means and methods of warfare – were invoked as a means of calling into account the actions of imperial states. These meetings took place in the context of the conflicts in Southeast Asia, following the wars of decolonization and national liberation in the 1950s and 1960s. The participants in these meetings were freedom fighters and liberation movements who used this forum, which was open to them for the first time, to push for a wider understanding of the concepts of superfluous injury and unnecessary suffering. Their intention was to hold imperialism and imperial states accountable for suffering and injury beyond that of physical death or wounding and to recognize the violence of colonization and the social and cultural devastation it brought. These interventions were a critical attempt to broaden and deepen the meaning of the laws of war, to make them responsive to more than established sovereign state violence, and to ensure that they reflected the experience of colonization/decolonization. This episode matters because the prohibitions against unnecessary suffering and superfluous injury are two elements that detail the general prohibition first codified in 1907 Hague Convention IV, Article 22, namely that the “the right of belligerents to adopt means of injuring the enemy is not unlimited.” However, the history and formulation of these two concepts has yet to be fully explored, the meaning of each is debated, and taken together the two are among “the most unclear and controversial rules of warfare.”

Teaching formats for both BA/MA students and MBA/PhD students in sustainable entrepreneurship and strategic management are offered in the teaching notes.

This case juxtaposes the company’s core values of gender equality, sustainability and inclusivity, with the financial pressures of expanding global operations in COVID-19 times.

This case illustrates the founding and growth of i-did in the broader context of the global circular textile industry. Being the first company that reclaims value of discarded textiles by making design products out of felt, the dilemma is on how i-did can create a blueprint for sustainable leadership in a scalable (financial) business case.

The learning outcomes of this case are as follows: to understand the concepts of circular economy and social impact and how they can be translated to business; to apply their knowledge of strategy and entrepreneurship for sustainable business innovation; to be able to analyze a company according to the Sustainable Development Goals, specifically around gender issues, inclusivity and diversity; to evaluate opportunities for multiple value creation in business; and to have the knowledge and capacity to create a circular business with the help of the Business Model Template.

This case engages students in critically reflecting on sustainability concepts in relation to i-did (theoretical value) and applying novel business model innovation tools to a real-world enterprise (practical value). The students get the chance to explore the ethical challenges the two entrepreneurial leaders face between short-term economic gains (or maybe even survival) and their core values of (gender) inclusivity, circularity and diversity.

Teaching notes and a summarizing two-pager are available for educators.

CSS 3: Entrepreneurship.

This paper analyses how neighbourhood governance of social care affects the scope for frontline workers to address health inequities of older ethnic minorities. We critically discuss how an area-based, generic approach to service provision limits and enables frontline workers' efforts to reach out to ethnic minority elders, using a relational approach to place. This approach emphasises social and cultural distances to social care and understands efforts to bridge these distances as “relational work”.

The authors conducted a two-year multiple case study of the cities of Nijmegen and The Hague, the Netherlands, following the development of policies and practices relevant to ethnic minority elders. They conducted 44 semi-structured interviews with managers, policy officers and frontline workers as well as 295 h of participant observation at network events and meeting activities.

Relational work was open-ended and consisted of a continuous reorientation of goals and means. In some cases, frontline workers spanned neighbourhood boundaries to connect with professional networks, key figures and places meaningful to ethnic minority elders. While neighbourhood governance is attuned to equality, relational work practice fosters possibilities for achieving equity.

Further research on achieving equity in relational work practice and more explicit policy support of relational work is needed.

The paper contributes empirical knowledge about how neighbourhood governance of social care affects ethnic minority elders. It translates a relational view of place into a “situational” social justice approach.

To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing transactions, as well as on market practice going forward.

This article provides a broad overview of the Hague Securities Convention and the impact of the Convention’s choice of law rules on secured financing transactions in the US involving intermediated securities, including how this deviates from previously applicable laws (such as the Uniform Commercial Code), and provides practical considerations with respect to secured financing transactions.

While in most circumstances the Convention provides for the same choice of law as previously applicable laws, there are certain scenarios where the Convention will produce a different result. Market practice with respect to perfecting security interests will likely change to take account of the Convention and to provide the parties with certainty regarding the law applicable to secured transactions.

The Convention calls for increased diligence with respect to the law governing the account agreement between the debtor and the securities intermediary and whether the securities intermediary has a qualifying office in that jurisdiction.

Practical guidance from experienced finance lawyers.

Intercountry adoptions (hereafter ICAs) in the USA are a form of sale of children. According to international policy, sale of children is an illicit social practice that involves improper financial gains by at least one party. Sale of children is a threat to legitimate ICA. The purpose of this paper is to analyse the policy and practice of ICAs in the USA, including pricing arrangements, demonstrate that US ICAs, which can have humanitarian aims and be legitimate forms of family development, comprise sale of children.

Internet searches and e-mail inquiries were used to obtain ICA cost data for a randomised sample of 10 per cent of the agencies in the USA that facilitate ICAs.

Cost information was obtained from only 25 per cent of the sample, suggesting lack of transparency in and available information about monetary costs of US ICAs. A range of US$12,000 to $40,000 suggests that US ICAs are expensive and costs vary. Large, undisclosed fees in the form of “required donations”, agency fees, and extensive foreign travel requirements imply third party economic gains are made through US ICA transactions.

US ICA agencies should disclose costs and employ transparent practices. US policies regulating ICAs should be clarified and strengthened. The US Government should ratify, implement, and enforce major children’s rights international policy standards.

International demand for adopted children may encourage child trafficking, child laundering, and kidnapping for profit (see Smolin, 2005), putting children, adoptive families, and birth communities at risk of breaches of basic human rights.

No study has offered systematic analysis of monetary costs of US ICAs and linked this analysis to policy and legitimacy of social practices.