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During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...
Persistent link: https://www.econbiz.de/10014177067
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
Qatar and Dubai have established financial centres which have been based upon the common law jurisdiction of England and Wales because of the advantages such a system can give to the development of their respective financial services industries. The Qatar Financial Centre (QFC) and the Dubai...
Persistent link: https://www.econbiz.de/10012982007
International climate protection investments (Joint Implementation and Clean Development Mechanism projects) are burdened with problems of contract enforcement, which prevent the realisation of efficiency gains associated with these investments. The paper analyses this problem from the...
Persistent link: https://www.econbiz.de/10014045406
Naturwissenschaftliche Fragen rund um den Klimawandel sind von Naturwissenschaftlern zu beantworten. Ökonomen und Wirtschaftsethiker können jedoch dazu beitragen, den Klimawandel und mögliche Gegenmaßnahmen zu bewerten. Dabei ist ein einheitlicher Preis für die Emission von Treibhausgasen...
Persistent link: https://www.econbiz.de/10012221305
Persistent link: https://www.econbiz.de/10013135200
Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
Persistent link: https://www.econbiz.de/10013081363
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This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...
Persistent link: https://www.econbiz.de/10013000492
Most any industry, property owner, or individual is simultaneously subject to countless regulations at the local, state, and federal levels. That is an unavoidable consequence of living in the modern administrative state. At least some of those regulations are arbitrary or unreasonable, exceed...
Persistent link: https://www.econbiz.de/10012964415