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Persistent link: https://www.econbiz.de/10012104468
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
This essay asks: How did we get into the current crisis of copyright law, and how to move beyond it? This crisis developed as proliferating and expanding rights entered into tensions with each other and with exceptions and limitations. It has become acute as media progress has brought cultural...
Persistent link: https://www.econbiz.de/10014219232
This Essay examines the possible effect the Supreme Court's landmark Second Amendment ruling in Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court...
Persistent link: https://www.econbiz.de/10014216805
Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more...
Persistent link: https://www.econbiz.de/10014143121
This article focuses on the increased scope for tension between obligations under investment treaties, particularly fair and equitable treatment, and the interpretation of national patent law by domestic courts. Precisely because investment treaties were created to protect investors from...
Persistent link: https://www.econbiz.de/10014129931
resolved in investor-state dispute settlement (ISDS). This scoping paper has supported inter-governmental dialogue about ISDS …
Persistent link: https://www.econbiz.de/10014161516
resolved in investor-state dispute settlement (ISDS). This scoping paper has supported inter-governmental dialogue about ISDS …
Persistent link: https://www.econbiz.de/10012454249
This paper investigates systemic risk in the insurance industry. We first analyze the systemic contribution of the … insurance industry vis-à-vis other industries by applying 3 measures, namely the linear Granger causality test, conditional … Europe over the last 14 years. We then analyze the determinants of the systemic risk contribution within the insurance …
Persistent link: https://www.econbiz.de/10011434812