‘Will it stay or will it go?’ Federalism and the sustainability of Belgium

This article provides an overview of the federalisation of Belgium. It first discusses why Belgium acquired a federal character when the politics of the centre already recognised the multilingual character of the Belgian state. Subsequently the authors discuss the specificities of the Belgian federal system when it is placed in a comparative perspective. The presence of two different types of regions – Regions and Communities – the steering capacity of a small group of political elites reluctant to give up political control, the presence of institutional asymmetries, the initially dual nature of dividing competencies and the slow development of intergovernmental relations are highlighted as specific features of Belgian federalism. In the final section, the authors assess the assets and liabilities of federalism from the viewpoint of institutional stability. They argue that while Belgian federalism contains significant institutional shock absorbers and issues of common interest, the further unravelling of the centre in a confederal direction is more likely.     

Digital Hercules?

Is there a limit to what computers can do? In many areas, the facts of today put the sceptics of yesterday in the wrong. Who would have thought twenty years ago that a chess computer could ever beat the human world champion? With respect to computer programs for solving legal problems, the question is not whether they are possible, for they exist. In law, at least two important questions remain. First, whether such programs can eventually perform as good as, or better than humans. Second, whether the use of computers will alter the law and legal adjudication. These two questions are discussed in this article against the background of a comparison of chess and law. The answers give rise to certain premonitions. If the computer is used as an aid in legal decision making, it should be used in awareness of its limitations and idiosyncrasies.     

Contracts,promises and meaning the question of intent

Conclusion In this article, I have argued against an intentionalistic theory of promises, such as the theory of Searle, and of others inspired by him. Such a theory leads to a one sided approach, and is unable to account for all the phenomena that count as promises. I have argued that in contract law both the promissor and the promissee play a role of importance, but also that the influence of their intentions is rather limited. I have then extrapolated my argument to extralegal promises.In the last section, I have offered some conjectures as to what may have contributed to the intentionalistic aspect of Searle's theory. My last conjecture was that the ambiguity of the word meaning may play a role. Let me end, in all modesty, by offering a suggestion that might help English philosophers in solving the problems of linguistics, and their translators in interpreting their solutions: the introduction of the word speaning for speaker's meaning!     

ECJ denies relevance of 'acquired attractiveness' for registration of shape marks

The ECJ rejects the suggestion of the Dutch Supreme Court thata shape which gives substantial value to the product (in thiscase, a specific stitching on G-Star jeans) may neverthelessbe registered as a trade mark if the shape's attractivenesshas predominantly become the result of its recognition by thepublic as a distinctive sign.     

ON THE SCOPE FOR THE EUROPEAN COMMISSION'S 2006 FINING GUIDELINES UNDERTHE LEGAL MAXIMUM FINE

By relating antitrust fines explicitly to the value of affectedcommerce, the 2006 fining guidelines reaffirm the European Commission'scommitment to deterring competition law infringement. We showthat the legal maximum fine specified in Article 23(2) of Regulation1/2003 seriously constrains the Commission in reaching thisobjective, however. The maximum fine will be binding the calculatedfine for low ratios of affected EEA commerce over total worldwideturnover. Therefore, there is little scope for the Commissionto apply its new fining method effectively.     

Capacity-building: The making of a curry

Organizational capacity-building may be so focused on the hope for an improved future that it unwittingly fails to draw upon key learning from past experience. Reflection upon and public affirmation of those moments in organizational life when members felt high commitment can ignite imagination and build momentum for a better future. Appreciative Inquiry methods of organizational transformation suggest that a positive future image of one's organization can be a compelling, if not irresistible, force, the creation of which needs to embrace the already-lived and shared satisfying moments of members. Organizational capacity is best understood, and most enjoyably and authentically pursued, when the process and desired product is co-generated from within the lived realities of all its stakeholders.