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The United States and the European Union are both firmly committed to eliminating gender discrimination. However, as I show in this article, they have adopted fundamentally different strategies in pursuing this objective: whereas the United States offers plaintiffs much more generous procedural...
Persistent link: https://www.econbiz.de/10012749812
This is my response to the public consultation on the rules of procedure (the 15th draft) for the European Unified Patent Court (UPC) that the UPC Committee conducted between June and September 2013. The focus is put on constitutional implications and conflicts of interests.The key points are:...
Persistent link: https://www.econbiz.de/10013047109
The contributions of Foster (2005) and Halgreen (2004) are the latest in a series of debates, discussions, conferences, and academic scholarship on the subject of United States (US) and (or versus) European Union (EU) sport policy. In the context of international relations and foreign policy,...
Persistent link: https://www.econbiz.de/10014201961
The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...
Persistent link: https://www.econbiz.de/10013214733
Section I of this article includes a brief explanation of the WIPO treaty process. Section II gives an overview of how a patent system would function with the proposed changes. A chart, keyed to the draft treaty articles, is included to show the functional role of each provision. While this...
Persistent link: https://www.econbiz.de/10014192646
The CJEU published its much-awaited preliminary ruling in Case C-263/18 - Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. Our paper aims to introduce the Tom Kabinet ruling and discuss its direct and indirect consequences in copyright law. The...
Persistent link: https://www.econbiz.de/10013305734
The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...
Persistent link: https://www.econbiz.de/10013070120
In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...
Persistent link: https://www.econbiz.de/10013155207
In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
The author discusses the EU Commission’s triad of proposals in the Digital Services Package of Winter 2020, i.e. the proposed Data Governance Act (DGA), Digital Markets Act (DMA) and Digital Services Act (DSA). These bills represent the hitherto most ambitious and broad regulatory project in...
Persistent link: https://www.econbiz.de/10013238384