Autonomy of Common European Sales Law in Lithuania
Sį dokumentą lietuvių kalba galima rasti adresu: http://ssrn.com/abstract=2243074 Private law is the area of law in which the resistance to unification in Europe is probably the strongest. Private law codification initiative, which began in 1989, after more than twenty years was recently reduced to optional non binding common sales law draft, which is gradually making its way through the EU institutions’ legislative process. Choice of EU regulation as a form indicates that the willingness to reach objective results is strong enough, but the reasoning in support of this project faces equally strong argument against it. Lithuanian experience expands this discussion in several important respects. Rome I Regulation Article 6.2. deadlock solution is specifically beneficial for smaller countries, where market participants have less bargaining power. In addition, an optional supplementary regulatory framework that the parties could choose, would allow testing existing legal systems by competition. Lithuania's recent reform experience suggests that the draft regulation provides for a smooth change in Europe. Multilingualism, some of the Common European Sales Law solutions, radically different from the Lithuanian national legal provisions will certainly require revision of the existing concepts, but that is not a reason not to try to improve the EU's common private law.
The Questionable Basis of the Common European Sales Law: The Role of an Optional Instrument in Jurisdictional Competition
The Common European Sales Law is designed as an optional instrument that European parties engaged in cross-border transactions could choose for their transactions in preference to national law.  The goal is to increase cross-border transactions and perhaps to enhance European identity.  But the CESL is unlikely to achieve these goals.  It raises transaction costs while producing few if any benefits; it is unlikely to spur beneficial jurisdictional competition; its consumer protection provisions will make it unattractive for businesses; and its impact on European identity is likely to be small.
Practical, legal, and ethical issues in expanded access to investigational drugs.
The authors review the FDA policies and procedures that permit some patients with serious conditions to receive investigational drugs before formal product approval and examine the legal and ethical issues associated with expanded access.