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...

Public procurement rules were introduced in the European legal system as a device mainly intended to help build an effective internal market where competition is not distorted, in search for economic development. According to the supporting Cecchini Report, increasing cross-border competition...

Procurement professionals will increasingly be asked to play an important role in adapting to and mitigating the effects of climate change. Unfortunately, we don't have time to waste, either feeling hopeless or waiting for changes to the Federal Acquisition Regulation (FAR) and subsequent...

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 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, 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...

In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...