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Eritrea: Constitution and Federation with Ethiopia1

Eritrea: Constitution and Federation with Ethiopia1 COMMENTS report to bar associations and other groups interested in judicial procedure in each of the countries. The reference by the Council to the Committee is in terms of uniformity of internal law, such as is represented by our uniform state laws. If we may read between the lines of the report, however, it appears that the Committee does not really believe that international practice can be reformed in that way. I t seems clear that such an approach is unsuited for codifying the international practice of countries with both common law and civil law systems and with both federal and state or provincial courts with legislatively independent procedures. Sub­ stantial improvement can be achieved effectively only by treaty. Recent reforms of federal civil, criminal, and administrative procedures have set a pattern of techniques which should be adapted to the international field. There is now, of course, no group in the United States "qualified to recommend * * * rules of procedural law" for adoption by the treaty power. I t is doubtful that the Department of Justice would assume the responsibility of speaking for the bench and bar of the states and of the federal government in a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Eritrea: Constitution and Federation with Ethiopia1

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Publisher
Oxford University Press
Copyright
© 1953 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837485
Publisher site
See Article on Publisher Site

Abstract

COMMENTS report to bar associations and other groups interested in judicial procedure in each of the countries. The reference by the Council to the Committee is in terms of uniformity of internal law, such as is represented by our uniform state laws. If we may read between the lines of the report, however, it appears that the Committee does not really believe that international practice can be reformed in that way. I t seems clear that such an approach is unsuited for codifying the international practice of countries with both common law and civil law systems and with both federal and state or provincial courts with legislatively independent procedures. Sub­ stantial improvement can be achieved effectively only by treaty. Recent reforms of federal civil, criminal, and administrative procedures have set a pattern of techniques which should be adapted to the international field. There is now, of course, no group in the United States "qualified to recommend * * * rules of procedural law" for adoption by the treaty power. I t is doubtful that the Department of Justice would assume the responsibility of speaking for the bench and bar of the states and of the federal government in a

Journal

American Journal of Comparative LawOxford University Press

Published: Jul 1, 1953

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