Mgr. Lukáš Buzek
Only few definitions of law can manage without observing that law is a normative system. Law is one of the normative systems of human society, which either with synergy or in mutual contradiction form the fundamental (normative) structure of social reality of our existence. This normative structure represents a basic framework of human existence in the world, creates basic side barriers for our activities, thinking and yearning and to certain extent also predestines the road on which we shall walk through our lives. Law is thus one of abstract social forces creating the invisible structure of our society (its relations, institutes, concepts and categories).
The norms with which we meet in our lives, to the effect of which we are often subjected without our own will and on the contents of which we have only a minimal influence, become an inseparable part of our existence, and in the process of their internalisation often a part of our identity. However, they are always expressions (with varying intensity) of the more or less targeted and conscious influencing effect of society (a certain group) towards an individual, and the meaning is streamlining of the individuals behaviour in harmony with model behaviour (self-expression) anticipated by the normative system-model, the realization of which the normative system (officially or in fact) tries with more or less success to reach.

Wide scissors of American theory and practice in enforcement of choice of law in commercial contracts, or is there something for Europeans to envy?

Petr Bříza
Although the provision on the choice of law is now a quite common part of international commercial contracts, the United States were for quite long time one of the countries where this institute was not generally accepted. E.g. the First Restatement of US collision law from 1934 did not anticipate the possibility of choice of law at all. Mainly because its chief rapporteur, Harvard professor Beale, strongly believed that this would mean allowing the parties their own legislative activity beyond the reach of the law applicable in the territory in question. A similar opinion, forbidding the private norm-setting, was shared also by other contemporaries of Beale. E.g. the famous judge Learned Hand compared choice of law to standing up on ones own shoelaces. The attitude to party autonomy began to turn more in its favour only in the second half of last century, with cases such as Siegelman v. Cunard White Star and later by adopting the Second Restatement.
In this article the author wants to present at least a basic outline of how American theory and practice is looking at this issue at the beginning of 21st century. I believe this topic can be interesting also for Czech lawyers, both academic and practising, not only because it brings a comparison with European norms, but mainly because in the global world of today any commercial transaction may land before an American court, especially given the long arm of jurisdiction norms of most US states. And in such case it could well be the very theories, norms and judicial decisions, discussed in this article, according to which the American court would decide.

Formation of supranational justice authority in Africa

Ondrej Hamuľák
African Union, an organization representing the result of integration effort at the black continent and a successor of the Organization of African Unity, is a subject which from its rise at the beginning of the third millennium has been experiencing continuous development both material and organizational. The development in the sphere of institutional structure of AU has resulted in the attempt at creating a single judicial authority, which would be responsible for control, protection and proper channelling of activities representing the goals of AU. The latest proposed body is African Court of Justice and Human Rights, in which the Court on Human and Peoples Rights should merge in future with the AU Court of Justice.
The aim of this article is to clarify the course and background of the efforts given to the establishing and the ensuing integration of a court institution in Africa and point to some of the stumbling blocks which such process carries with it and which it can call to existence. The author neither wants nor can offer an exhausting analysis of the social context and of African specific conditions under which this process is taking place. He intends and tries to raise the interest of readers in this topic and bring closer the recent development in an environment that may be a little distant for us.

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