Dear reader,

Paul Varul
pp. 1-1 [PDF] [Cover PDF]

This issue of our journal marks our tenth anniversary. I would like to first thank and congratulate all those involved in the publication of the journal, including the editors and members of the editorial board as well as the numerous authors for their indispensable and fruitful contributions. I am grateful also to our readers, whose continuing and growing interest has been the motivation and reason for publishing the journal. Juridica International has gained more and more readers every year; the content has also changed substantially over the journal’s 10-year history. Although Juridica International, as the name says, is mainly intended for the international reader, its content also reflects the development of Estonian law and legal scientific thinking. Since 1996 when the first issue of Juridica International was published, Estonian law and legal science have developed rapidly and substantial changes have taken place. From the regaining of Estonia’s independence in 1991 through the beginning of the 2000s, intensive work was carried out to create for the country a legal system of its own. It was natural that the articles published in the first issues of Juridica International were largely dedicated to legal drafting in Estonia; foreign readers were mainly introduced to issues that were topical from the standpoint of creating the new Estonian legal system. Estonian legal drafting was significantly influenced by the country’s new status as a member state of the European Union, which meant taking European Union law into account in the legal drafting process. There was no great need to harmonise Estonian laws with EU law after Estonia became an EU member state on 1 May 2004, as the harmonisation requirements had already been taken into account in preparing the acts previously adopted. The issues involved in accession to the EU, and the related legal harmonisation issues, have been considered for some time by Juridica International also, since the late 1990s. Compared to the earlier years of the journal –– the second half of the 1990s –– more recent issues have seen the content become more international; introduction of Estonian law is no longer in the foreground, and the journal contains more and more articles discussing the wider issues that are topical in Europe and elsewhere. This is a major change of direction –– the journal’s main task is no longer to introduce Estonian law to those abroad but to participate in the international discussion of important legal issues. Of course, the solutions offered and positions expressed in Estonian law and legal science are part of the analysis. Development of the content of Juridica International has also been greatly influenced by the fact that a greater number of internationally acclaimed jurists have contributed to our journal in recent years. This is a growing trend.

The tenth-jubilee issue of the journal is accompanied by the international conference ‘European Legal Harmony: Goals and Milestones’ to be held in Tartu on 6 December 2005, which will be dedicated to the tenth anniversary of Juridica International. The title of the conference is also the title of the tenth issue of the journal. The conference will focus on the further development of European private law and the issues involved in drafting a European civil code. The high international standard of the conference is illustrated by the fact that 10 other countries are represented among the speakers –– Belgium, Denmark, Finland, Germany, Italy, Latvia, Lithuania, Poland, Sweden, the UK. The speakers include 11 members of the Study Group on a European Civil Code, headed by the chairman of the group, Professor Christian von Bar. This issue of Juridica International contains five articles based on speeches at the conference: the papers by Professor Christian von Bar (Germany), Professor Hugh Beale (UK), Professor Peter Schlechtriem (Germany), Professor Valentinas Mikelenas (Lithuania), and Professor Kaspars Balodis (Latvia). The presentations of all the other speakers will be published in Juridica International 2006.

We promise to our readers that Juridical International will continue to be interesting and worthwhile reading over the next 10 years and that the journal will continue to develop.

 

Editor-in-Chief

Paul Varul
pp. 1-1 [PDF] [Cover PDF]



  • The Development of European Private Law and the European Commission’s Action Plan on Contract Law
    Hugh Beale
    pp. 4-16 [PDF]

  • Working Together Toward a Common Frame of Reference
    Christian von Bar
    pp. 17-26 [PDF]

  • Basic Structures and General Concepts of the CISG as Models for a Harmonisation of the Law of Obligations
    Peter Schlechtriem
    pp. 27-36 [PDF]

  • Der französische Code civil im Jahr 2005 – Monument oder Gespenst?
    Pascal Ancel
    pp. 35-41 [PDF]

  • The Main Features of the New Lithuanian Contract Law System Based on the Civil Code of 2000
    Valentinas Mikelenas
    pp. 42-50 [PDF]

  • Damage arising from Defect in Object of Contract to Creditor’s Absolute Legal Rights: Contractual or Delictual Liability?
    Karin Sein
    pp. 51-59 [PDF]

  • Forms of Liability in the Law of Delict: Fault-Based Liability and Liability without Fault
    Janno Lahe
    pp. 60-70 [PDF]

  • Indispensability of the Law of Obligations in Employment Relationships: Problems in Application of the Law of Obligations to Employment Relationships in Estonia
    Gaabriel Tavits
    pp. 71-78 [PDF]

  • Contractual Aspects of Formation and Composition of Commercial Partnerships
    Kaspars Balodis
    pp. 79-84 [PDF]

  • On the Development and Objectives of Statutory Share Law in Estonia
    Urve Liin
    pp. 85-94 [PDF]

  • The Impact of Copyright Industries on Copyright Law
    Anne Kalvi
    pp. 95-104 [PDF]

  • The Leniency Programme in Estonia — Illusion or Reality?
    Tarmo Sild, Rene Frolov
    pp. 105-114 [PDF]

  • Sustainable Development as the Fundamental Principle of Europe’s Environmental Ius Commune
    Hannes Veinla
    pp. 115-125 [PDF]

  • Polish Plumbers, the EU Constitutional Treaty, and the Principle of the Welfare State
    Katrin Saaremäel-Stoilov
    pp. 126-134 [PDF]

  • Social and Economic Fundamental Rights in Estonian Constitutions Between World Wars I and II: A Vanguard or Rearguard of Europe?
    Hesi Siimets-Gross
    pp. 135-143 [PDF]

  • Which Continuity: The Tartu Peace Treaty of 2 February 1920, the Estonian–Russian Border Treaties of 18 May 2005, and the Legal Debate about Estonia’s Status in International Law
    Lauri Mälksoo
    pp. 144-149 [PDF]

  • Justice Laws of 1889 — a Step in Estonia’s Constitutional Development
    Toomas Anepaio
    pp. 150-160 [PDF]

  • Systematisation of Objective Law: From Codification to Reformation of Law
    Raul Narits
    pp. 161-167 [PDF]

  • The Claim for Elimination of Unlawful Consequences and the Claim for Compensation for Damage under Estonian State Liability Law
    Ene Andresen
    pp. 168-179 [PDF]

  • Penalty and Other Punitive Sanctions in the Estonian and European Legal Order
    Jaan Sootak, Sten Lind, Raul Otsa
    pp. 180-190 [PDF]

  • The Status and Protection of Unlawful Combatants
    René Värk
    pp. 191-198 [PDF]

  • Latin: The Common Legal Language of Europe?
    Merike Ristikivi
    pp. 199-202 [PDF]

  • Baltic Yearbook of International Law — Five-Year Anniversary
    Ineta Ziemele
    pp. 203-204 [PDF]