In this paper we criticize the so-called 'more economic approach' to European competition law for its disregard of the importance of a functional system of private law. The more economic approach presumes that vertical integration is an economically efficient governance-mechanism. This...

In this paper, intended as a chapter for a study book, attention is given to the notion of harmonisation, its operation in the area of private law and the extent to which harmonisation of private law rules contributes to the development of the internal market

The most significant innovation in recent years has been blockchain technology. Such innovations demand a response from the law. The most significant innovation of the last twenty-five years has been the internet. The relative lack of government regulation in the domain of public law has been...

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");...

International refugee law is binding upon all European Union member states, however European regional instruments, relocation theories and practices may diverge from the 1951 Geneva Convention and 1967 Protocol. This may lead to the violation of the ius cogens norm of the principle of...

The banker's common law contractual duty of confidentiality to clients has been well established for over 86 years. The four qualifications to the duty of confidentiality were crafted in 1924 in Tournier's Case when crime was viewed as a local phenomenon. The question arises as to whether and...

In December of 2011, the Parties to the World Trade Organization Government Procurement Agreement (GPA) adopted significant revisions to the Agreement. The revised Agreement comprises (a) a much-needed modernization of the text of the Agreement, (b) an expansion of related market-access...

In this paper, I explore the debate on cross-border posting of workers in the EU from the perspective of ‘(dis)embeddedness'. Posting of workers profoundly challenges the embedding of the labour relationship itself and the market on which the work is performed. In this contribution I will...

This article uses the example of one of the best-known global payment systems provided by an online platform, PayPal, to analyze the role of private legal orders in creating new markets beyond jurisdictional borders. It shows that a relatively uniform legal order reduces risks involved in...