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The powers of international arbitrators in proprietary matters and in practice therefore especially in asset backed international financing schemes affects third parties and can therefore hardly be explained any longer as deriving from the arbitration clause and party autonomy. This article,...
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Commentary about the Supreme Court’s 2021 decision in United States v. Arthrex, Inc., has focused on the nexus of patent and administrative law. But this overlooks a seismic and as-yet unappreciated copyright implication of the decision: it renders the Copyright Royalty Board (CRB)...
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Drawing on examples from the fields of international commercial arbitration and international human rights, in particular, and also on trade, intellectual property and governance, this article explores the processes through which transnational norms are created and legitimated. The article...
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In recent years, "public interest law" (PIL) has become a frequent component in conversations about law and policy around the globe. While this worldwide manifestation of a professional and political script that thus far seemed to be typically so American suggests a remarkable process of...
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