This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

In the United States private contracts are policed using a combination of statutory prohibitions and the doctrine of unconscionable contracts. With the exception of Australia and perhaps Canada, in this the United States stands alone, For the rest of the world, including common law jurisdictions...

This article examines a worldwide shift in laws, policies, and practices pertaining to intermediaries’ role in online copyright enforcement. We use a comparative methodology to expose an emerging trend in jurisdictions, including Australia, Belgium, Canada, China, the European Union, France,...

The purpose of this paper is to outline the circumstances in which telecommunications data can be lawfully accessed for national security and law enforcement purposes, and to consider whether this access regime sacrifices individual privacy to an unacceptable extent. Since privacy is the primary...

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on the other hand, aims to provide a thorough and critical...

If a creditor does not succeed in the extrajudicial collection of his money claim, in the Netherlands the debt is normally recovered by initiating ordinary court proceedings. This is necessary in order to obtain an enforceable title, which enables a creditor to enforce his claim. Research has...