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One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...
Persistent link: https://www.econbiz.de/10014218074
We study the desirability of interventionist harmonization of legal standards across multiple, mutually interdependent jurisdictions which strive to adapt law to their local conditions as well as to synchronize it with other jurisdictions. In a setting where jurisdictions are privately informed...
Persistent link: https://www.econbiz.de/10003975553
The area of conflicts between IP and competition law in EU law offers an interesting case study of the transformative impact of EU integration. IP‐competition conflicts form part of the CJEU's jurisprudence since the very early days of the EU. Nevertheless, the Court's legal reasoning has been...
Persistent link: https://www.econbiz.de/10012867930
traditional CIL doctrine. By emphasizing the distinctive legal and institutional features of CIL familiar to international lawyers …
Persistent link: https://www.econbiz.de/10013050818
Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...
Persistent link: https://www.econbiz.de/10014194824
This article points out the relevance of international law to an understanding of international natural resources issues. It notes that international law shapes the international system for allocating resources by establishing basic rules about the circumstances under which nations can assert...
Persistent link: https://www.econbiz.de/10014198019
The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...
Persistent link: https://www.econbiz.de/10014216751
The notion of a transnational law has been under dispute for several decades. After Philip Jessup in his widely-known Storrs Lecture on Jurisprudence at the Yale Law School had coined the phrase in 1956, it has been used in numerous contexts. One of the most influential narratives of...
Persistent link: https://www.econbiz.de/10014163525
In the most recent few years, customary international law is increasingly crystalizing to affirm that states must grant nationality to children born in their territory, if they would be otherwise stateless. In prior scholarship, this author has argued that such a norm of a customary...
Persistent link: https://www.econbiz.de/10013293837
Iran and Saudi Arabia are two of the most important countries in the Middle East. Not only do they enjoy the most abundant natural resources, but also have a geopolitical situation that makes their international attitude significant in terms of the East-West political-economic discourse. These...
Persistent link: https://www.econbiz.de/10014244257