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On what grounds are private law remedies awarded? This question has received surprisingly little attention from legal scholars. Although the circumstances in which particular kinds of remedies are awarded have been discussed in detail, there have been few attempts to draw general principles from...
Persistent link: https://www.econbiz.de/10012930655
Persistent link: https://www.econbiz.de/10012932764
Europe has witnessed an intensive debate on collective redress over the course of the last decade. Discussions in Europe are characterized by opposing views in the Member States and fear for abusive litigation. In June 2013, the European Commission released its long-awaited policy in the form of...
Persistent link: https://www.econbiz.de/10012972891
International Financial Institutions (IFIs) promote a "Rule of Law" (ROL) policy goal as part of the wider market-based development agenda. This paper discusses how international financial institutions (IFIs) are not themselves subject to a broadly-conceived ROL and more specifically are exempt...
Persistent link: https://www.econbiz.de/10012994010
In its Kolassa judgment, the CJEU has for the first time decided which national court in the EU has jurisdiction for claims against an issuer of securities based on an allegedly false prospectus. This contribution analyses this fundamental and at the same time ambiguous ruling. The ruling's most...
Persistent link: https://www.econbiz.de/10012998623
‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...
Persistent link: https://www.econbiz.de/10013225312
International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article...
Persistent link: https://www.econbiz.de/10014062003
In this contribution we set out to answer the question whether a transnational response to relieve the need of victims of transnational environmental pollution is required, and if so, what response would be in order. The first part of the question should be answered with a firm “yes.” It is...
Persistent link: https://www.econbiz.de/10014044097
This bibliography covers private international law, or conflict of laws, in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and...
Persistent link: https://www.econbiz.de/10014148634
This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...
Persistent link: https://www.econbiz.de/10014153227