Natalie Staff

This article examines guideline 4.5.3 of the International Law Commission’s (ILC) Guide to Practice on Reservations to Treaties. The guideline establishes a presumption for severability of invalid reservations, which can be overturned by the author ‘at any time’. The present article maps out and makes an overall assessment of some of the major concerns that have been raised regarding the severance presumption and the element ‘at any time’. Special attention is paid to the severance presumption’s development prior to and after the adoption of the Guide in 2011 and the possibly customary elements of the severance doctrine. With regards to ‘at any time’, the article examines some possible future concerns or benefits.

Consumer Protection in Mortgage Lending

A Comparative Analysis of the Impacts of the Mortgage Credit Directive in Sweden and the United Kingdom

Natalie Staff

For different reasons, such as the financial crisis of 2007, the eu has adopted a directive with the purpose of harmonising consumer mortgage lending law whilst ensuring a high level of consumer protection. This article assesses the impacts of the Mortgage Credit Directive in Sweden and the United Kingdom. The focus is residential mortgage lending from a consumer protection perspective on the basis of the main areas of the directive; communications, advice, information, disclosure, responsible lending and repayment. The practical processes of mortgage lending and the ways these fields are regulated are significantly different in the two Member States; however, many similarities on a principle level can be found. The study is an example of how harmonisation is made within the eu and how two Member States with almost opposite starting points are able to harmonise law and still preserve the characteristics of their own solution.