Research on the entry of genetically modified organisms (GMOs) into the agricultural marketplace has largely emphasised questions of consumer confidence and trust, product liability, and the market. However, the relationship between GMOs, free trade, and questions of culture and traditional...

This contribution investigates the form and content of a new and updated European Union (EU) legal framework intended to regulate third-country import pipelines for gas, including the ‘upstream' component of the Nord Stream 2 pipeline. The article will first set the scene and examine the...

A centralized and federal patent system in the EU changes economic and constitutional law structures by creating a ‘nationalized' international patent. As the underlying economic policy has concentrated on the development needs of small and medium-sized enterprises (SMEs), accounting for 99%...

In accordance with Directive 2003/87/EC of October 13, 2003, trade in greenhouse gas emissions commenced in the European Union (EU) on January 1, 2005. The EU-Emissions Trading System (EU-ETS) was born. The EU has a Value Added Tax (VAT). VAT is a transaction-based levy on all trade in goods and...

This is a letter which is addressed to the judges of the European Union regarding the pending cases of [Spain v. Parliament and Council] that examine the validity of EU Regulation No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in...

The push for the creation of a European Unified Patent Court (UPC) aims to achieve the federalisation of the patent system in Europe. By replacing the jurisdiction of national courts in the legal disputes relating to patents with unitary effect, the UPC will create a new centralised judicial...

The COVID pandemic has underscored that IP can limit the ability to addressing public health crises because IP owners have the legal right to bar others from making needed supplies. However, what is less well understood yet critical to making medical treatments available are IP-related barriers...

This is an invited essay for a conference on “European Private International and Procedural Law and Third Countries” that was held in Greece on September 29, 2022. It focuses on certain aspects of three European Union “Regulations,” which have “federalized” the Private International...

Free trade and environmental protection are two norms which sometimes collide. The resolution of colliding norms can occur either using a formalist "descriptive" analysis, or using a "prescriptive" approach of legal realism. It may seem intuitive to imagine realism and formalism as mutually...

The key constitutional issue surrounding the unitary patent system is the complete loss of national and the EU’s sovereignty in the context of industrial property and hence, use of technology – that is unprecedented. This context concerns the entire range of technological sectors including...