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This article examines how golden shares constitute an effective investment screening mechanism for the protection of EU strategic privatized companies from dubious and hostile foreign direct investments during the COVID-19 crisis. This investment screening is essential in order to secure that a...
Persistent link: https://www.econbiz.de/10013244310
Two separate and distinct movements have colonized research in the field of intellectual property. Law and economics has deepened our understanding of the justification for granting monopoly rights over intellectual property. In recent years, economic theories have been used to support the...
Persistent link: https://www.econbiz.de/10012750225
The problem of antimicrobial resistance has led some infectious disease experts and their professional societies to propose the use of transferable intellectual property rights (wildcard patents) and patent term extensions as methods to encourage antimicrobial Ramp;D. We evaluate recent...
Persistent link: https://www.econbiz.de/10012751834
The three body problem in physics concerns the challenge of accurately calculating the interaction of three different bodies (e.g. planets). Examples include the motion of the Moon around the Earth as disturbed by the action of the Sun, or the movement of one planet around the Sun as disturbed...
Persistent link: https://www.econbiz.de/10012827519
This chapter explores IP protectability of what may be broadly termed “folk music,” though, that is a term fraught with ambiguity, from an intellectual property social justice (IP-SJ) framework. Our IP-SJ approach helps illuminate how IP law and administration affect opportunities for...
Persistent link: https://www.econbiz.de/10013316080
There is vigorous debate about reforms to address the balance between investor protection and the right to regulate in the over 3000 existing investment treaties. This paper first notes the growing trend to analyse particular treaty rules rather than treaties as a whole and the importance of...
Persistent link: https://www.econbiz.de/10011695559
The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...
Persistent link: https://www.econbiz.de/10011695562
For a long time, international investment law has emerged as a rather distinct and specific element of international economic law and general international law. The most significant developments in investment law can be considered the negotiations on CETA, TPP, and TTIP, as they imply a...
Persistent link: https://www.econbiz.de/10012998397
concludes that a higher degree of harmonisation is required. Drawing on other fields of EU legislation, it also suggests certain …
Persistent link: https://www.econbiz.de/10012998843
We find PASPA's partial and non-uniform ban on state-sponsored sports wagering to run afoul of the equal sovereignty doctrine's general constraints as set forth in Shelby County and Northwest Austin. PASPA also fails equal sovereignty scrutiny for two other narrower reasons. First, for a law...
Persistent link: https://www.econbiz.de/10012947861