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Mutual trust is the bedrock of the EU's internal policy regarding judicial cooperation. When it comes to cooperation with third States, however, there seems to be a blind spot. Indeed, most -if not all - FTAs concluded by the EU remain silent on judicial cooperation. This fact is surprising,...
Persistent link: https://www.econbiz.de/10012925889
This article describes the competence, the organization and the legal nature of the Mixed Arbitral Tribunal which were created by the Versailles Peace Treaty and other peace treaties after the First World War. It specifically analyses the case-law of these tribunals regarding issues of private...
Persistent link: https://www.econbiz.de/10012908074
The chapters contained in this yearbook have been composed by the participants of the second edition of the Forum on Procedural Law of the Court of Justice of the European Union held on Monday, 03 February 2020 at the Max Planck Institute Luxembourg for Procedural Law. The scope of the Forum was...
Persistent link: https://www.econbiz.de/10013234791
This paper shall serve as a basis for an upcoming Academic Position Paper on the Reform of the Brussels Ibis Regulation organized in the framework of the EAPIL. It briefly describes manifold problems regarding the current application of the Regulation and formulates proposals for reform. Members...
Persistent link: https://www.econbiz.de/10014242123
The newly adopted Regulation (EU) No 650/2012 is an ambitious instrument dealing exhaustively with every private international law aspects in regard to cross-border successions. The Regulation aims at harmonizing private international law rules so as to enable individuals to organize more...
Persistent link: https://www.econbiz.de/10015306865
The prospect of attracting foreign commercial litigants to German courts in the wake of Brexit has led to a renaissance of English-language commercial litigation in Germany. Leading the way is the Frankfurt District Court, where – as part of the ‘Justizinitiative Frankfurt' – a new...
Persistent link: https://www.econbiz.de/10012860123
Strategic litigation describes the phenomenon of lawsuits brought by civil society actors (activists and NGOs) in order to promote legal, political or social change. Prominent examples are business human rights and climate change litigation, where parallel lawsuits are filed in different fora at...
Persistent link: https://www.econbiz.de/10013289178
In response to the tender specifications the study consists of two parts. The first examines whether divergences in national procedural laws and practices constitute obstacles to mutual trust and, in the affirmative, identifies the locus and the scale of such obstacles; it thereby facilitates...
Persistent link: https://www.econbiz.de/10015288790
In jüngerer Zeit werden im Rahmen der Investitionsbudgetierung zunehmend die Bedeutung wahrheitsinduzierender Budgetierungsverfahren wie des Groves-Mechanismus zur Überwindung von Anreizproblemen diskutiert. Charakteristisch für den Groves-Mechanismus ist, dass man bei der Performancemessung...
Persistent link: https://www.econbiz.de/10010317588